Unfair Competition under Section 43(a), also known as 15 USCA 1125, is a powerful tool for small business owners and individuals. It functions as a sword for the innocent man, a white knight of justice if you will, against wrongdoers. In the most casual terms, Sec. 43(a) possesses the following powers:
- It stops someone from using a false designation of origin, misleading descriptions or representations of fact, or another’s mark in a way that
- causes confusion, mistake, affiliation, or association with you and your goods, services, or commercial activity, OR
- uses commercial advertising to misrepresent the nature, characteristics, qualities, or geographic origin of you and your goods, services, or commercial activity
This statute protects people as individuals, as their good or services, and as their commercial ventures. At Hibbs Law, LLC we will evaluate your unique circumstances and provide you with all the options. As with our trademark services, we can provide actions ranging from cease and desist letters to litigation.
“We recently were awarded a trademark and someone tried to challenge its validity with the courts. This came out of nowhere! Furthermore, they were infringing on my trademark.
Genna was recommended to us by a mutual friend. She jumped right in and had strategies to start attacking the case. Her communications were always very timely and she had a great knowledge of trademarks and infringement.
After months of back and forth communications with this company trying to challenge us, I think it was Genna’s keen strategies that caused them to finally back down, and ‘surrender’— and drop the whole case. She did a great job positioning our arguments, and at the end of the day, they knew they could not win.
We highly recommend Genna Hibbs!”
Co-Founder and Owner,
Best Gay Travel Guides Online Publishing
As a founder of a lean startup with limited knowledge about IP’s and trademarks, Genna has patiently explained each step of our US and international trademarks for our bandage brad. When a patent troll came knocking, she systematically silenced his meritless case, but more importantly, eased our minds to focus on the continued tasks at hand. She’s been there to handle our contract agreements and even the occasional ‘what would you do’ calls that come with the territory. That and a jar of homemade spaghetti sauce from her tomato garden, and you’ve got a one-of-a-kind advocate in your corner
Tru-Colour Products, LLC
Genna has been an incredible resource for our organization. In the complex world of health care regulations, she has been invaluable as a navigator and adviser, helping us to ensure that we are not only compliant with regulatory requirements but that we also have strong measures in place for the safety of our clients and the overall health of our organization.
Clinical Services Director
Chicago Women's Health Center
“Youth in our community (State of Washington) created a marijuana prevention messaging campaign called, ‘Weed Can Wait’. In order to protect the integrity of the message, our team decided to trademark the message. Ms. Hibbs provided pro bono consultation and assistance in navigating the intellectual property rights laws, ultimately assisting us to trademark two campaigns. We are incredibly grateful for Ms. Hibbs’s kindness, professionalism, and expertise.”