From Nothing to Everything

At first, a trademark may be the least valuable of assets.  Famous marks such as Coca-Cola, Microsoft or IBM were nearly valueless at one time. However, for a mature company, the brand name may be its single-most valuable asset. Valued names such as GE, Disney or Intel add billions of dollars to the balance sheet.

Similarly, there was a time when the names Avon, Mary Kay or Tupperware had little or no value.  And yet decades later, the goodwill associated with those direct selling brands would allow their products, if the companies so chose, to be sold in any retail venue in the world.  As they say, “mighty oaks from small acorns…..”

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With the rise of comparative advertising in the United States, litigation has followed further defining the rules. Industry leaders state that according to the rules, a comparative advertiser may generally use a competitor’s trademark when advertising the seller’s product, as long as the trademark is used in a truthful way; it is not likely to create confusion in the consumer’s minds as to the source of the product being sold.

Visit www.mlmlegal.com for more information on the legal environment.