Few things can be more unsettling for a business owner than discovering another company is copying your brand. Whether it is your name, your logo, or even your entire online presence, imitation can confuse customers and damage the trust you have worked so hard to earn. Knowing what to do next can make the difference between a quick resolution and a lasting legal problem.
At Cohn Legal, PLLC, we remind founders that their brand is not just a logo or tagline, it is their reputation and their promise to every customer. Protecting that promise requires swift, thoughtful action rooted in trademark law and practical strategy. Here’s how to move forward when you realize someone has started using your brand without permission.
1. Determine Whether It’s Actually Infringement
The first step is understanding what qualifies as trademark infringement. Just because two businesses have similar names does not always mean one is violating the other’s rights. Trademark law looks at whether there is a likelihood of confusion meaning consumers might think the two businesses are connected, affiliated, or from the same source.
If your trademark is federally registered with the United States Patent and Trademark Office (USPTO), you already hold nationwide rights that make enforcement more straightforward. Without registration, you may still have “common law” rights based on how long and where you’ve used the mark in commerce, but enforcing them can be harder. Either way, take time to evaluate whether the other party’s use could realistically mislead consumers.
2. Collect and Preserve Evidence of Copying
Once you are confident that infringement exists, document everything. Capture screenshots of websites, social media pages, advertisements, and any public content showing how your brand is being used. If the copycat sells products, make a purchase and keep the receipts and packaging.
Digital evidence can vanish quickly, so act fast. Record dates, web links, and examples of customer confusion if they exist. Your attorney will rely on this documentation to assess the scope of the problem and develop an appropriate enforcement strategy.
3. Speak with a Trademark Attorney Before Taking Action
Before contacting the other party yourself, talk to a qualified trademark attorney. Many brand owners rush to send angry emails or public posts, which can sometimes make things worse. A trademark attorney can help you decide whether a private negotiation, cease-and-desist letter, or more formal proceeding is best for your situation.
An experienced lawyer can also verify that your own trademark protection is in order. Sometimes, owners discover their registration covers the wrong class or was never fully completed. Strengthening your trademark portfolio now can prevent future issues and improve your position if a dispute arises.
4. Send a Professional Cease-and-Desist Letter
A well-written cease-and-desist letter often resolves infringement without litigation. This letter explains that you own the trademark, describes the unauthorized use, and requests that the other party immediately stop using your brand elements.
The letter should come from your attorney and include clear evidence of your trademark rights. It should also set a reasonable deadline for compliance while maintaining a respectful but firm tone. In many cases, the other side is unaware they are infringing and will cooperate once they understand the legal implications.
However, some infringers will ignore the letter or attempt to argue their case. In those situations, your attorney can advise whether to escalate to the Trademark Trial and Appeal Board (TTAB) or file a lawsuit in federal court.
5. Address Online Infringement Quickly
If the infringement occurs online, you can often take action through digital platforms without going to court. E-commerce sites like Amazon, Etsy, eBay, and Shopify allow trademark owners to report violations through formal channels. Once verified, these platforms can remove listings, restrict sellers, or even close accounts that misuse your brand.
Social media companies also offer trademark reporting tools. If someone is impersonating your brand on Instagram, Facebook, or TikTok, submit an infringement complaint with proof of your registration. The sooner you report, the easier it is to stop damage to your reputation.
In addition, consider enrolling in programs like Amazon Brand Registry, which help legitimate owners detect and respond to brand misuse more efficiently.
6. Evaluate Whether Legal Action Is Necessary
When polite requests and takedown efforts fail, litigation might be the only way forward. A trademark infringement lawsuit allows you to seek a court order stopping the infringer and, in some cases, collect damages for lost profits or harm to your reputation.
In certain situations, your attorney may recommend a TTAB opposition or cancellation proceeding instead. These actions focus specifically on registrations either preventing the infringer’s mark from being approved or removing a mark that was wrongfully registered.
Although court actions can take time, they often result in stronger, longer-term protection for your brand. Taking decisive steps also sends a message to other potential infringers that you actively defend your rights.
7. Strengthen Your Brand’s Protection for the Future
Once the immediate threat has been handled, use the experience as an opportunity to reinforce your brand protection strategy. Make sure your trademark covers all relevant goods and services. Set up monitoring tools to alert you if similar names or marks appear online.
You can also partner with an attorney to establish a brand monitoring system that flags potential infringements early. Being proactive is always more effective and less costly than trying to repair damage after it has already occurred.
Finally, keep your business information consistent across directories, websites, and social platforms. A consistent digital footprint helps strengthen your claim to ownership in the eyes of both the USPTO and consumers.
Why Time Matters in Trademark Enforcement
Every day you wait gives infringers more time to confuse your customers and erode your brand equity. Delay can make it harder to prove ownership or show that your brand has been harmed. Acting quickly demonstrates that you take your intellectual property seriously and helps maintain your exclusive rights under trademark law.
Enforcing your rights is not about aggression, it is about protecting your reputation, your business, and your customers. The law exists to ensure that the public can rely on trademarks as accurate indicators of source and quality. By stepping in early, you are not just defending your name, you are protecting your brand’s integrity.
Final Thoughts
When someone copies your brand, it is easy to feel discouraged or even angry. But effective brand protection is not about emotion, it is about smart action. Confirm the facts, collect your evidence, and consult an attorney who understands the complexities of trademark enforcement. With proper guidance, you can stop the misuse, rebuild your reputation, and prevent future infringements.
At Cohn Legal, PLLC, we work closely with entrepreneurs and startups across the United States to defend their intellectual property and strengthen their brand foundations. Whether you need help enforcing your rights, responding to infringement, or developing a proactive strategy, our team is ready to guide you every step of the way.
Your brand tells your story. Let’s make sure no one else gets to rewrite it.