practice strengths

Trademark and Unfair Competition Attorney


A trademark is a word, name, symbol, or device that identifies and distinguishes goods and services in the marketplace.  Among other things, a trademark can be a company name, a product or service name, or a logo.  Virtually every business has a trademark.

A company’s trademarks are valuable intellectual property assets that are protected under federal, state, and common law.  To gain the most protection, it is important to select a strong mark that meets the requirements for registration.  Once a strong and registerable mark is selected, it is important to clear the mark by making sure it is available before using and applying to register the mark.  In addition, a trademark must be properly used, maintained, and protected, as a failure to do so may result in a loss of trademark rights.  In this regard, Owens Tarabichi counsels clients as to each part of the trademark lifecycle:

Unfair Competition

Trademark law is part of the broader law of unfair competition.  Generally speaking, the law of unfair competition prohibits deceptive or wrongful business practices that are used to gain an unfair advantage over competitors or that confuse or mislead consumers.  Though unfair competition encompasses a wide variety of unlawful practices, some specific examples include false advertising, false representations about products or services, bait and switch selling tactics, the unauthorized substitution of another brand or product in lieu of the one ordered, and misusing confidential information.

Because of the broad scope of unfair competition, unfair competition claims have become widespread in litigation, often appended to complaints alleging intellectual property violations, such as patent, copyright, or trademark infringement or trade secret misappropriation.  With the explosion of unfair competition allegations and lawsuits, it is important to ensure that both you and your competitors are not violating either state or federal unfair competition laws.

With substantial experience pursuing and defending against unfair competition claims, Owens Tarabichi LLP advises clients regarding their own and their competitors’ tactics vis-à-vis the laws of unfair competition to ensure a full understanding of the issues and available options.  We also represent both plaintiffs and defendants in unfair competition lawsuits.