Searching to avoid disaster

Cathy Baraloto of Faegre & Benson champions the cause of clearance searches prior to launching new products, services or businesses

Suppose a company spends considerable capital to develop a new product – a product it believes will bolster its bottom line and be highly desired by consumers in both domestic and international markets. The company’s marketing department develops eye-catching packaging and uses focus-group studies to come up with an appealing name. A particular trademark is a hit with the focus groups, and the company then completes its packaging and rolls out the product with press releases, advertising and the usual fanfare that consumers encounter on a regular basis. All without conducting any trademark clearance searches for the trademark used in connection with the product.