Asked in Copyright, Intellectual Property and Trademark

Q: I own a construction company and I came across another local construction company who has copied my brand entirely.

This other company operates in the same city, offering the same services and they have very closely replicated my logo using same colour scheme, font, layout and symbol over the writing. They copied the style of website I designed, same colours, layout, they paraphrased all the captions and they are almost identical, same verbiage in each statement, slogan is off by a single word (ours : from concept to creation, theirs: from concept to completion). They copied the style of each advertisement I have issued for the past 2 years. They published their website only a month ago. My website is copyright protected as well as my social media pages, what can I do to press charges for infringement and intellectual property theft? I've worked hard over the past 2 years to build my brand and there is major trademark confusion, the only thing different between the two companies is the name.

1 Lawyer Answer
James L. Arrasmith
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A: Given the situation you've described, where another local construction company has copied your brand identity to a degree that causes trademark confusion, you have grounds to take legal action for trademark infringement and copyright violation. The first step is to document all instances of the infringement thoroughly, including screenshots of their website, advertisements, and any other materials that closely replicate your own.

You should then consult with an attorney experienced in intellectual property law. They can assess the specifics of your case, including the extent to which your logo, website design, and slogans are protected under copyright and trademark law, and advise on the best course of action. This may include sending a cease and desist letter to the infringing company, demanding they stop using the copied materials immediately.

If the infringing company does not comply with the cease and desist, your attorney can help you file a lawsuit for trademark infringement and copyright violation, seeking damages for the confusion and potential loss of business caused by their actions. It's essential to act quickly to protect your brand and minimize the impact on your business.

The legal process can address and rectify the situation by enforcing your intellectual property rights, ensuring your hard work and brand identity are protected.

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