Got Milk? You probably recognize this timeless ad slogan designed in 1993 for the California Milk Processor Board. You probably have also seen this slogan ripped off by other – ahem – less creative business owners. Got Socks? Got Antiques? Got Transmissions? UGH!

Some businesses today seem to have no problem “misappropriating” the registered intellectual property owned by other businesses. Nike’s “Just Do It” has been used by businesses unaware of the army of lawyers employed by the shoe behemoth. Toys-R-Us maintained a team of attorneys to protect their brand from numerous businesses too busy to come up with their own names (Liquor-R-Us, Sports-R-Us, Mugs-R-Us, and the list goes on and on and….).

You may not be brazen enough to steal the Nike swoosh, the Olympic circles, or the McDonald’s golden arches, but you don’t have to steal a logo to be in violation of another business’s trademark. This Michigan burger restaurant with only two locations has caught the attention of the venerable west coast burger chain, In-N-Out Burger. No, they didn’t steal the In-N-Out logo, and no, there aren’t even any In-N-Out locations in Michigan (yet).

But walk into a Doll n’ Burgers location, and you might just think you’ve entered an In-N-Out Burger! This is known as infringing on In-N-Out’s “trade dress” – the “look and feel” of a business. In-N-Out asserts that Doll n’ Burger infringes on its trade dress and may create confusion in the marketplace. Even if the ruling is that no infringement took place, this will still cost both companies money, time, and energy. One could argue that In-N-Out has more of all of these and can better afford the fight.

This is a lesson that originality and creativity – as well as thorough research – are important in the creation of a business. It also helps to assume larger businesses will aggressively protect their brands, even if you pose no direct competitive threat to their business. Play your own game rather than knocking off another brand, or you may find yourself asking, “Got Lawyer?”