Case Study: Trademark Battle - Small Biz vs. Large Retailer

This case study examines the trademark infringement issue faced by Mixed Chicks, a small hair care company, when a large retailer began selling similar products. It explores the importance of intellectual property protection for entrepreneurs and analyzes the advantages and disadvantages of filing a trademark infringement lawsuit. The study recommends a course of action for Mixed Chicks, including gathering evidence, seeking legal counsel, and launching a marketing campaign to differentiate their brand. It also suggests ways the company can leverage its size difference to its advantage, focusing on building strong trademarks and brand recognition to protect their products and gain commercial value. Desklib provides access to similar case studies and solved assignments for students.

Running head: COURT BATTLE OVER TRADEMARK INFRINGEMENT 1
Case Study: Should a Small Company Battle a Large Competitor in Court over Trademark
Infringement?
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1. Why is securing proper intellectual property protection such as trademarks,
patents, and copyrights important for entrepreneurs?
It is important to secure property intellectual because it will prevent it from being duplicated
and sold by other people(Honey, 2014). Without protection such as trademarks, patents and
copyrights, people might duplicate your product and sell it at a cost lower than what the
product is worth. For instance, the large retailer sold the mixed silk at $8 which is less than
the worth of Mixed Chicks products, $ 14-$ 18. Considering this, the original owner of the
product receives less profit due to loss of customers who turns to the cheap duplicates.
2. Analyze the advantages and the disadvantages of filing a trademark infringement
lawsuit against the large chain selling Mixed Silk products?
The disadvantage of filing a lawsuit is that much time and finance are wasted while
chasing up the large retailer(Ricky, 2014). It is also devastating for Etheridge and Levy to
run a case without any legal right of protection to the product. However, filing lawsuit is
advantageous because if Etheridge and Levy win the case, they will gain the benefits of
advertising and publicizing their products with no cost. They will also get refund of lost sales
and case finance. On the other hand, the name of the large retailers will be tainted and may
lose stakeholders and the public support if they lose the suitcase
3. What course of action do you recommend that Etheridge and Levy take? Explain
I would recommend Etheridge and Levy to hire a lawyer and present all documentations that
will help them prove to the large retail that they have original patent of the products.
Chronological tests and copies of email will help them approach the retail. Also, they should
hold a campaign advertisement to persuade the public their Mixed Chick is better than that of

COURT BATTLE OVER TRADEMARK INFRINGEMENT 3
the large retail product. I would recommend them to use celebrities in attacking those cheap
products and creating loyal customers to their products.
4. Can you recommend ways that Etheridge and Levy might be able to use the
significant difference in the size of their company and the national retail chain to
their advantage, especially for marketing their company?
Etheridge and Levy should strong trademarks, logos and designs in order to protect their
products from large retailers. This will also help them present their brands to the public and
gain more commercial value from branding. This is because brands are more recognized than
individuals’ products.

COURT BATTLE OVER TRADEMARK INFRINGEMENT 4
References
Honey, L. (2014, June 17). 5 reasons to protect your intellectual property — no matter the size
of your company. Retrieved September 25, 2018, from The Business Journals:
https://www.bizjournals.com/bizjournals/how-to/growth-strategies/2014/06/5-reasons-to-
protect-your-intellectual-property.html
Ricky. (2014, February 20). Advantages and Disadvantages of Trademark. Retrieved September
25, 2018, from Business Insides: http://businessinsides.com/trademark-advantages-
disadvantages.html