Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.
Issue link: https://idoi.epubxp.com/i/78039
LEGAL&LEGISLATION; (continued from page 13) step is to protect all names, logos, and other trademarks. To have the strongest protection, a dealer must register his trademarks with the United States Patent and Trademark Offi ce. There is no question that doing this involves substantial time, effort, and cost to a company – each application can be $275 or more. Registration is only the fi rst step though. Whenever a dealer learns of an infringement, he or she has to be willing to take the steps of contesting it, including cease-and-desist notices and fi ling a law suit if necessary. Only through "self-help" remedies like these can dealers truly fi ght off competitors who try to steal from their goodwill. Another avenue for defending one's reputation, while also protesting the poor conduct of others, is to cultivate the organizations and networks that exist to promote good business practices. The Better Business Bureau has been around for decades, and is well-known to the general public. Today, though, social networking sites like Angie's List may carry even greater weight to Net-savvy consumers. Local resources may exist in one's community that may serve a similar purpose – to help highlight good customer service, as well as bringing attention to those who engage in unethical business practices. Finally, there is the simple and time-tested act of putting one's name out into the marketplace. The more that a business is recognized by a name and a logo, the less likely that other companies can get away with passing themselves off using the same or related key words. This can be accomplished with logos, with slogans, with particular telephone numbers, with employee uniforms, or any number of other methods that help customers understand who they are dealing with. Conclusion As much as we all like to think that technology and the Internet are civilizing forces, and helpful for business, there are downsides to them when companies treat the Web like the Wild West. IDA members take pride in their work, and in their business practices, and they should. The Code of Business Conduct was adopted by IDA and its members as a set of guiding principles for dealers to do things the right way. Regrettably there is no Code for the industry as a whole, so the best practices of ethical companies sometimes get lost in the shuffl e to companies who use shady tactics and unfair pricing schemes. For that reason, I recommend that the most important thing that any IDA member can do is to protect his or her own reputation, and do everything possible to let your work speak for you. Brian J. Schoolman is an attorney with Safran Law Offi ces in Raleigh. The practice includes construction litigation, commercial litigation, and appellate practice. Brian can be reached at bschoolman@safranlaw.com or by phone at (919) 828-1396. 14 International Door & Operator Industry™