Trademark Infringement: 8 Ways to Protect Your Business
4) Do not use trademarks that too closely resemble the mark of another.
5) Maintain good records. Make sure you maintain files containing written authorizations for use of others' trademarks. Keep these files until long after the statutes of limitations for potential claims have expired. Statutes of limitations for certain actions vary per state. You should consult with your lawyer to determine how long you should maintain records.
6) Develop and implement policies for your company against intellectual property infringement. The policies should include, among other things, provisions prohibiting use of others' trademarks without written authorization.
7) Obtain indemnification agreements from your sources. If you have a contract with your suppliers, include a provision in the contract that provides for your indemnification if claims are asserted by third parties for intellectual property infringement. Remember, the indemnification is only as good as the source providing indemnification.
8) Have a good commercial liability insurance policy in place that provides coverage for advertising injuries. Not all insurance policies provide coverage for trademark infringement claims. However, it is worth speaking with your insurance.
Lisa A. Lori is a partner in the litigation department at law firm Klehr, Harrison, Harvey & Branzburg LLP. She represents national and international businesses in a full range of complex commercial litigation matters, including copyright and trademark disputes, real estate disputes and general business torts. Ms. Lori also counsels clients on a variety of matters, including advertising, marketing, branding and regulatory (including Food and Drug Administration (FDA) and Federal Trade Commission (FTC)) compliance.