Question: Is there protection in halacha for reputation and goodwill (monitin)? Is there recourse for trademark infringement?

Answer: The reputation of a company is an intangible asset, which is represented by its name, symbol, trademark, packaging, etc. Responsa Divrei Malkeil (3:157) was asked about a person who received a license to produce and market purified water, but another person mimicked the labels and sold under this license. He required the infringer to share in the cost of the license, based on zeh neheneh v'zeh chaser, and upheld the right of the license owner to restrain the competitor from marketing, so as not to damage his reputation.

Moreover, reputation nowadays is treated as an asset that can be evaluated monetarily and sold. When purchasing a company with good reputation, the cost in excess of other assets (tangible and intangible) is recorded as the value of the company's "goodwill." Thus, reputation is considered a commodity based on minhag hamedina (common commercial practice) and dina d'malchusa, so that using the reputation of another company or store is considered stealing something of value.

 (See Emek Hamishpat, Zechuyos Yotzrim, intro. 28; ch. 14; Pischei Choshen, Geneivah 8[5],9[26])