Unfair Competition Law is a body of State and Federal Law that is intended to do exactly what its name implies: regulate the conduct in the marketplace to promote fairness in the free enterprise system. The law doesn’t do this by trying to make everyone equal, but rather by establishing what conduct is acceptable for both large and small entities. One aspect of this body of law is Trademark Law which serves to protect the business reputation of the merchant and the expectations of the consumer by allowing the creation and control of Trademarks and Service marks which are recognizable by consumers as the indication of the source of the goods or services with which they are used. Another aspect is to control the use of false or misleading statements about the nature, qualities, or source of another persons business, products or services. Yet another is the body of law surrounding trade dress in product packaging and configuration.
At Veal IP we counsel regarding the factors that make a good trademark and the availability of a particular mark based on searches of existing marks. We prepare, file and process trademark applications through the United States Trademark Office and assist with maintaining registered mark through the renewal process. We also counsel regarding the standards that are acceptable in commercial speech and we advise as to whether specific packaging or configuration is likely to be protectable as trade dress or considered an infringement of an existing trade dress.
We assist with litigation in the Trademark Office in both Oppositions and Cancellations of registrations as well as in the courts, where we represent either plaintiff or defendant in an unfair competition claim.