For companies in the professional services industry, intellectual property issues can be a constant source of frustration. In fact, many of our clients who fall into this category share the same concerns. As a result, our legal team has a familiarity with common IP issues that affect accounting firms, medical practices, management consulting firms, and other similar businesses. These matters can be divided into two main categories: trademark disputes and copyright disputes.
Lilenfeld PC has extensive experience handling trademark disputes that arise between professional services firms. Often times, the source of the conflict is a shared surname.
For example, if Mrs. Johnson is a physician in Atlanta, she might name her practice “Johnson Primary Care.” Perhaps on the other side of the city there is another Mrs. Johnson who is also a physician. If she chooses the same name for her practice, there could be a legal issue. That’s because people in the community might confuse one practice for the other, which is a typical reason for finding trademark infringement.
These disputes don’t always involve surnames, of course. There might be two nearby management consulting firms that are both named “Miraculous Consulting.” This could result in a comparable trademark infringement issue.
Often times, disputes such as these can be resolved quite quickly, especially where the two businesses’ names are exactly the same. It usually makes sense for the firm that adopted the business name first to maintain rights to it. The firm who was second generally will have to cease using the name, assuming there is true potential for confusion in the marketplace.
Nonetheless, even clients involved in “open and shut” IP disputes can benefit from the expertise of a seasoned litigator. Our attorneys always deal with clients in an honest, straightforward manner. This means that we’ll tell you if the law is on your side. However, we’ll also let you know if your position is untenable. After all, futile litigation will only result in wasted time and resources.
If your professional services firm needs help with a trademark dispute, we’d be happy to assist you. You can contact Lilenfeld PC at (404) 201-2520.
Our legal team is also comfortable handling copyright disputes that involve professional services firms. These conflicts can arise for a wide variety of reasons. One common cause, however, is the scenario where a firm has infringed on their competitor’s website code.
Suppose that Company X visits the website of a competitor, and they absolutely love the way it looks. Company X decides to copy some of their competitor’s website code, which it then uses on its own website. This might give Company X a snazzy site design with little effort, but it’s likely also copyright infringement.
This is just one example of how copyright disputes can develop in the professional services industry. If you or your company is entangled in a similar conflict, Lilenfeld PC can provide assistance. To learn more, please visit our copyright disputes page.