You may not know this but you can now buy the services of a third party watch service that monitors potential infringements against your trade marks/brands/slogans on the internet.
This is useful as there are 8 million new web pages added each day and it is important to know who may be using your brand without permission.
Such internet monitoring services can monitor names, slogans, phrases and images to flag up potential infringements so that you can take prompt action.
Failure to so protect your brand/distinctive voice may mean loss of exclusivity/ownership and a dilution of IP value and loss of competitive edge.
Your lawyer/trademark agent will be able to advise on the next steps to be taken but typically these might include a “letter before action” to desist and “take down” the offending material as well as an undertaking not to repeat similar actions in future.
Ultimately if no positive response is obtained you may be able to sue for damages and to claim an injunction to stop the offending material-in the short term and on a permanent basis-though as copyright and trade mark law can be complex you are always well advised to taking independent legal advice before you act since a wrongful action can provoke a retaliatory counter-strike seeking damages in return.
Another option that exists for content owners of text/images is to license their use (if you so choose) though the fee has to be commercial and the amount quoted cannot be used as a means of “blackmail” to “buy off” pending litigation.
