In recent years, the beverage industry has seen an explosion of new businesses, particularly in terms of breweries. Ohio is home to many of these breweries, whether they have been around for years or have only recently opened their doors.
While consumers and brewery enthusiasts generally welcome the growth in this industry, it is evidently taking a toll on individual companies in terms of legal protections. According to a recent article on FoodDive.com titled, "Why beverage industry lawsuits are increasing," the number of lawsuits filed in the beverage industry has been growing and will likely continue to do so in the year ahead.
A large percentage of the lawsuits filed against beverage makers relates to product identification. According to reports, many companies have filed trademark lawsuits against each other citing issues with naming convention or label design.
These cases are said to be so common because of how saturated the market is; there are only so many names and ideas to go around that duplication or apparent duplication is not unusual.
Any time a party uses trademarked material, which can include symbols, label design, names or phrases, without permission, that party could face legal action by the owner of the protected material. Oftentimes, the dispute boils down to an honest mistake or a difference in opinion on whether something is duplicated and resolving the dispute can be done shortly after legal action is taken and before it goes to trial.
Unfortunately, not all claims involving alleged violations of intellectual property protections can be resolved so easily or quickly. In some cases, it is impossible for both sides to reach an agreement and litigation becomes necessary.
Legal guidance can be crucial for business owners in any type of commercial or business dispute, whether the matter is to be resolved through arbitration, mediation or litigation. With the help of an attorney, you can protect your business, your bottom line and yourself.