This is the third in a series of articles about legally protecting your hotel’s and resort’s brands.

In the first piece, we discussed proper brand use. (See, Cyrlin, Alan. “How to Properly Use Your Brands – An Hotelier's Legal Guide to Maximizing Brand Value”).

In the second item, we focused on federally registering your brands. (See, Cyrlin, Alan, “Should Hotels Register Their Brands With the U.S. Patent and Trademark Office? The Top 11 Benefits For Hotels and Resorts”).

This month, we explore policing your brands against infringers.

Why Police Your Brands?

Brands persist as one of the most precious assets possessed by hotels and resorts. The prestige of your brand can plummet, however, when other industry players begin using a confusingly similar name. Such infringement can tarnish your hotel and resorts’ image, resulting in missed sales and damage to good will.

Unfortunately, like a crack in your building’s foundation, a great deal of damage can occur before you even discover the piracy. Moreover, if you fail to take appropriate action after you learn, or should have learned, of the infringement, you may lose your right to stop the infringer.

How to Find Out

How can you find out if someone is knocking-off your brand?

First, be on the lookout for improper uses. You may find conflicts popping up at trade shows, advertising, and trade directories. You may also discover that a competitor is using your name on the web as a domain name, in banner advertising, or as a “metagag” (e.g., a hidden code) on a website.

Second, subscribe to a watch service. A watch service is a private company which, for a fee, monitors the marketplace for conflicting uses of your mark. The service does this by checking hundreds of private and public databases, such as business name directors, domain name registries, industry publications, fictitious name (“d/b/a”) filings, websites, newsgroups, web blogs, public message boards, and state and federal trademark databases.

When the watch service detects a possibly conflicting term, the Company will alert you or your attorney. Your legal team can then take appropriate proactive action. This can range from sending a carefully crafted "cease-and-desist" letter to filing a lawsuit.

Alan Cyrlin is an attorney and partner with the law firm of Ervin, Cohen & Jessup, LLP., in Beverly Hills, California. (310-281-6385 / [email protected]).

Mr. Cyrlin has experience in many phases of copyright and trademark protection, including trademark and copyright litigation (representing plaintiffs and defense) as well as intellectual property selection, clearance, prosecution, maintenance, licensing, and transactions.

Mr. Cyrlin practices extensively in the area of trademark law. For over a decade he has assisted businesses and individuals acquire and expand their trademark rights. A graduate of Loyola Law School in Los Angeles, Alan is recognized as a leader among his peers and has spoken at seminars and authored important articles about trademark law. Alan handles trademark registration, maintenance, licensing, and litigation.