Part of my job is trademark enforcement, which typically involves sending cease-and-desist letters to infringers. Some lawyers take a slash-and-burn approach, threatening to rain legal hellfire down on the infringer if they don’t cease and desist. Others prefer an academic format, with letters that resemble a legal treatise on trademark infringement and unfair competition. Personally, I don’t believe in a one-size-fits-all approach. However, if there is one commonality, it’s that I try to be reasonable. I always make the point that competitors need to maintain their own distinct brand identities. My client doesn’t want to be confused with you. And you don’t want to be confused with my client.
This notion of maintaining your own identity features prominently in one of my favorite episodes of The Office. In the Season 4 episode “Launch Party,” Michael accidentally orders pizza from Pizza by Alfredo instead of Alfredo’s Pizza Café. Antics ensue.
Fun fact: Alfredo’s Pizza Cafe is a real restaurant in Scranton, which advertises itself as “Home of ‘The good pizza’ as seen on The Office”.