Trademark Theft: What To Do If Someone is Copying Your Brand Name

LaShaila Spivey
Feb 25
3 min read

This article is for informational purposes only and does not constitute legal advice. If you need legal assistance, please consult an attorney.

Building a brand takes time, effort, and investment. So, what happens when you discover that someone else is using your brand name? Whether intentional or not, another business using your name can lead to customer confusion, lost revenue, and damage to your reputation. If you’re facing this issue, here’s what you need to know and what steps you should take to protect your brand.

Get the Details

Before taking action, verify whether someone is truly infringing on your brand. Start by:

Searching online (Google, social media, business directories) to see where and how the name is being used.
Checking trademark databases like the USPTO’s trademark search tool to see if they’ve officially registered the name.
Determining whether the business operates in your industry. If it’s a completely different field, it may not be an infringement.

Check Your Rights

The strength of your case depends on whether you have trademark rights and how strong those rights are. Registered and unregistered (or common law) rights are treated differently.

Registered Trademark: If you have a federally registered trademark, you have exclusive rights to use the name in your industry.
Common Law Rights: Even if you haven’t registered, you may have rights if you’ve been using the name in commerce before the other party.

If you haven’t registered your trademark yet, now is the time to do so to strengthen your legal standing.

Assess the Damage & Potential Confusion

Consumer confusion can lead to a decrease in sales and could even open you up to bad reviews. Ask yourself:

Are customers confusing their business with yours?
Are they operating in the same industry or location?
Have you lost sales or received inquiries meant for them?

If another company is capitalizing on your brand's reputation or creating customer confusion, it's time to take action.

Take Action

If you confirm infringement, consult with an attorney to create a strategy to enforce your rights. The following are general self-help options that may work for you:

If You Have a Registered Trademark:

Send a Cease & Desist Letter: A formal legal demand to stop using your brand name.
Report Infringement on Online Platforms: Many social media sites, Amazon, and e-commerce platforms have trademark protection policies.
Consider Legal Action: If they refuse to stop, you may need to file a trademark infringement lawsuit.

If You DON’T Have a Registered Trademark:

You may still have a case based on prior use, but proving infringement can be harder.
Secure your trademark ASAP to prevent future issues.

Prevent This from Happening Again

Hindsight is always 20/20. Don't beat yourself up, but take these steps to prevent this situation from happening again:

Register trademarks early early to secure your legal rights.
Set up trademark monitoring to catch copycats early on
Secure domain names and social media handles before launching

Conclusion & Next Steps

Discovering someone else using your brand name can be frustrating, but you don’t have to handle it alone. The best course of action depends on your specific situation, and an attorney can guide you through the process.

Need help protecting your brand?

Book a consultation today to discuss your options and take the next step in securing your business.