Brand Protection

Your company’s brand is its soul – representing every person, product, service, and segment of the business. Your brand makes you unique and separates you from the rest of the pack. An attack on your brand is an attack on your entire company and reputation. But you are not alone. The skilled lawyers at Harpst Becker stand ready to secure your priceless brand assets, keep your marketing and advertising compliant with ever-changing laws, pursue competitors who threaten your brand’s integrity or reputation, and defend against competitor attacks and government inquiries.

Securing and Protecting Your Brand Assets

At Harpst Becker, we know that defending your brand identity and reputation starts long before an attack occurs. Our lawyers will collaborate with you to identify risks that could leave your brand vulnerable to external threats and then develop an individualized plan to secure your ownership and safeguard your brand assets before those risks materialize.

Harpst Becker will collaborate with you to:

• Identify needs and secure ownership of trademarks, trade names, copyrights, and elements of your brand
• Maintain ownership rights by tracking and meeting regular filing deadlines
• Monitor the marketplace for threats from competitors
• Create effective non-disclosure, non-use, non-solicitation and non-compete agreements to protect your trade secrets and confidential information

Advertising Compliance – Keeping Your Marketing Out of the Crosshairs

When it comes to government & regulatory compliance, Harpst Becker will navigate the countless laws and rules that apply to your marketing plan, including FTC regulations, state consumer protection laws, FDA regulations, BBB guidelines, and e-commerce seller restrictions. We know the rules. We know what your company can and cannot say. And we know how to leverage our experience to help you create effective advertising in any media form – even in this highly-regulated market – without becoming a target.

Harpst Becker will counsel you to:

• Create compliant marketing and advertising content
• Respond to regulatory inquiries, Better Business Bureau reviews, and industry challenges including NAD and ERSP
• Create and validate claim substantiation
• Comply with special rules for using trademarks, comparative claims, testimonials & endorsements, and affiliates in your marketing efforts
• Ensure your subscription and discount offers, giveaways and other promotions fall within the strict legal guidelines
• Identify and comply with the special advertising and labeling rules for FDA-regulated food, supplements, cosmetics, OTC drugs and medical devices, including structure-function claims, qualified health claims and nutrient content claims

Unfair Competition & Infringement Disputes – Fighting for Your Brand, No Matter the Opponent

Threats to your company’s brand often originate in marketing and advertising content or involve trademarks or trade secrets. When these disputes arise, Harpst Becker will create effective, customized strategies to meet your company’s specific legal needs and enforce its rights, whether that means taking legal action or defending claims from your competitors. If your brand is threatened, we will aggressively litigate against anyone trying to attack or steal your brand identity, including:

• Infringement of trademarks or copyrighted content
• Theft of trade secrets
• Competitor advertising challenges
• False marketing and unfair competition claims
• Consumer and class action conflicts
• Breach of non-disclosure and non-use, non-solicitation, and non-compete agreements