What to Do When Someone Copies Your Brand
Discovering that someone has copied or misused your brand can feel like a gut-punch. Maybe it’s a newer business in your niche using a brand or offer name that’s strikingly similar to yours. Maybe someone’s lifted entire sections of your website copy, mimicked your logo, or spun up a social media presence that feels a little too familiar. No matter the details, brand infringement isn’t just inconvenient – it can feel like someone is encroaching on the brand identity you’ve been working hard to build.
These situations often come with a heavy mix of emotions: frustration, anxiety, even a sense of betrayal. It’s easy to spiral into worst-case scenarios: Will my customers be confused? Will I lose business? What if they damage my reputation before I even have a chance to respond?
It’s understandable to feel overwhelmed, but you don’t have to figure it out alone! This article walks through practical, legally-informed steps you can take if you believe your brand has been infringed upon – whether or not you’ve registered a trademark yet. While every situation is different, these strategies can help you respond intentionally, protect what you’ve built, and move forward from a place of clarity and strength.
Step 1: Confirm That Infringement Is Actually Occurring
Before taking action, it’s important to confirm that what you’re seeing qualifies as infringement. Brand infringement typically involves someone using your intellectual property – such as a name, logo, tagline, design, or content – in a way that could cause confusion among consumers or damage your brand’s reputation. It can be tempting to respond immediately, especially if the situation feels personal or upsetting (and understandably so), but taking a moment to assess the facts can help you move forward with clarity rather than reactivity. A grounded, strategic response is almost always more effective than one driven by frustration or impulse.
Ask yourself:
Is the other party using a name, logo, or content that is either identical or substantially similar to mine?
Are we offering similar products or services?
Is there a likelihood that consumers could be misled into thinking we are the same business, or are collaborating in some way?
You may also want to compare style, color palettes, tone of voice, packaging design, or domain names. These subtle cues often contribute to consumer confusion, even when overt copying hasn’t occurred.
That said, there are some additional layers to consider:
Industry context matters. If the other brand is operating in a completely different industry or market, your ability to take action may be limited – particularly when it comes to trademarks, which are registered in specific classes based on goods or services. For example, a skincare brand and a tech platform might both use similar names without legal conflict, depending on their trademark filings.
Evaluate whether you’ve protected the elements in question. Do you have a registered trademark for your name, logo, or tagline? Has your original content or design been protected through copyright registration? If not, your leverage to take legal action may be limited, so you’ll need to weigh whether informal outreach or monitoring is the more practical route.
It’s essential to assess not only whether copying has occurred, but also whether your rights are protected and enforceable. Simply being annoyed or feeling copied isn’t always enough to justify taking action, especially formal legal action. You’ll want to understand the strength of your position before escalating the matter.
Step 2: Consult an Intellectual Property Attorney
Before diving into outreach or enforcement, it’s a good idea to get a professional opinion. An attorney can help you evaluate the strength of your claim, assess the risks and benefits of taking action, and clarify what rights (if any) you have based on your current IP protections.
This step is especially important if:
You’re unsure whether your situation qualifies as infringement
You don’t have a registered trademark or other formal IP protections
The potential infringer is a larger company or is operating in a legal gray area
Seeking legal guidance early in the process can save time, avoid missteps, and give you a clearer picture of your leverage.
Step 3: Gather Evidence
Documentation is key. Take screenshots, note dates, and keep track of where and how the infringement is occurring. This includes:
URLs where the infringing content or brand elements appear
Screenshots of side-by-side comparisons
Evidence of customer confusion (e.g., emails or DMs sent to you that were meant for the other business)
Timestamps or publication dates that show when content or branding appeared online
Domain registration records and WHOIS data, if applicable
The more comprehensive your documentation, the more persuasive your position. Consider using tools like the Wayback Machine to capture dated web content, or work with an attorney or third-party investigator to create a verified report. Whether you’re preparing for informal outreach, a cease and desist letter, or legal escalation, this evidence will serve as the foundation of your claim.
Step 4: Understand Your Legal Position
Your legal rights depend on whether you’ve formally registered your intellectual property and what kind of protection applies. The two most common forms of IP protection that come into play with branding disputes are trademarks and copyrights.
Trademark Rights
If You Have a Registered Trademark:
A registered trademark gives you a significant advantage. You have presumptive nationwide rights to the mark in connection with the goods or services listed in your registration. This means you can:
Send a formal cease and desist letter asserting your rights
Request that platforms (like Instagram, Etsy, or Shopify) take down infringing content
File a complaint with domain name arbitration systems (like the UDRP)
Sue for trademark infringement in federal court if necessary
You can also request injunctive relief to prevent further use and potentially recover damages. Statutory damages and attorneys’ fees may be available in cases of willful infringement.
If You Do Not Have a Registered Trademark:
You may still have rights under what's called "common law" trademark protection. These rights arise from using your brand in commerce, even if it’s not registered.
However, common law rights are limited:
They're usually restricted to the geographic area where your brand operates
You must prove that you were the first to use the brand in commerce
Enforcement tools (like platform takedowns) are weaker without a registration number
Still, courts recognize common law marks, and in some cases, they can be enough to prevail in a dispute. If you’re relying on common law rights to fight the infringement, be prepared to present detailed evidence of your first use, customer base, and market presence. Keep in mind that fighting infringement without the leverage of a federal registration can be a long and costly road – often requiring more effort, time, and money to assert and defend your rights. Not only this, but such cases are comparatively more difficult to win than those backed by a federally registered trademark, so it’s ideal to consult with an attorney who can advise you on whether or not your case is worth pursuing based on your situation.
Copyright Rights
Copyright protects original works of authorship such as written content, images, website copy, product photography, videos, and some design elements. Unlike trademarks, copyright protection is automatic upon creation – meaning that you don’t technically have to pursue federal registration in order to hold the rights.
However, registering your copyright with the U.S. Copyright Office significantly strengthens your position. Registration allows you to:
File a lawsuit for copyright infringement
Recover statutory damages and legal fees (if registration occurred before or shortly after the infringement began)
Provide an official public record of your ownership
If someone has copied content you created – such as blog posts, website copy, or product photos – you may be able to take action under copyright law rather than (or in addition to) trademark law. Understanding which rights apply to your situation is essential before deciding how to proceed.
Step 5: Decide How You Want to Address the Infringement
Depending on the context, there are several ways to address brand infringement. It’s not always necessary to jump straight to a lawyer – though in many cases, that may be the most effective course of action.
Option 1: Informal Outreach
Sometimes, infringement is unintentional. The other party may have adopted similar brand elements without realizing they were crossing a legal or ethical line. In these cases, a polite but firm message can open the door to resolution without escalating the situation.
Your message should include:
A clear explanation of the issue and how it impacts your brand
A request that they stop using the infringing name, logo, or content
A reasonable proposed timeline for resolving the issue
Links or attachments that demonstrate your prior use or registration
A professional and non-confrontational tone
Example: A jewelry designer discovers a new Etsy shop using a very similar name and nearly identical logo. She sends a direct message explaining the overlap, includes her original logo files and domain registration dating back several years, and asks the shop owner to rebrand within 14 days. In this case, the other party – who hadn’t researched existing brands – is cooperative and agrees to make the change.
This approach can be effective when the infringing party is a new and/or independent business, and when your own rights are clearly documented. That said, there’s no guarantee of compliance. Even in low-stakes situations, some individuals may ignore your message, deny wrongdoing, or push back. If that happens, you may need to consider more formal next steps.
Option 2: Cease & Desist Letter
A cease & desist letter is a formal request for the infringing party to stop using your intellectual property. It’s ideal to work with an attorney who can draft and send the cease & desist letter on your behalf, as it’s likely to be taken more seriously by the other party when facilitated in this manner.
Key elements of a cease & desist letter include:
A description of your rights (e.g., proof of trademark registration, if you have one)
Evidence of the infringement
A demand to stop the infringing activity
A deadline to comply
A statement that further legal action may follow if the behavior continues
Cease & desist letters are often effective because they signal seriousness and readiness to escalate. However, be mindful: an aggressive tone can escalate tensions. If the other party believes they have stronger rights or were first to market, they may push back or even attempt to preemptively sue for a declaratory judgment.
Option 3: Platform Reporting
If the infringement is happening online (on social media, marketplaces, etc.), most platforms offer reporting tools to protect intellectual property owners. You’ll typically need to:
Submit proof of your rights
Provide links and descriptions of the infringing material
Agree to terms affirming the accuracy of your claim
For example:
Facebook and Instagram have an infringement report form under Meta’s Rights Manager portal
Shopify allows you to file a DMCA or trademark infringement report
Amazon Brand Registry offers monitoring and takedown services for registered marks
Keep in mind that false or unsupported claims can lead to counterclaims or account penalties, so it’s crucial to be thorough and accurate in your submission.
Option 4: Legal Action
Litigation should be a last resort, but it may be necessary in some cases – especially if your brand reputation is at risk, or if the infringing party is intentionally profiting off your work.
You may be able to file a lawsuit for trademark or copyright infringement, request injunctive relief to stop ongoing use, and even seek statutory damages for lost profits and harm to your brand’s reputation.
Examples of high-stakes infringement suits include large fashion brands targeting knockoffs, or content creators suing for unauthorized use of brand likeness or digital products. Even for small businesses, legal action can be warranted if the harm is ongoing and substantial.
Working with an attorney is essential at this stage. They’ll help you evaluate your case, draft the complaint, and represent you in court.
Step 5: Take Steps to Strengthen Brand Security Moving Forward
Regardless of how this particular situation unfolds, it’s a smart time to think about your brand’s long-term protection. If infringement has happened once, it can – and likely will – happen again. The stronger your legal footing, the easier it is to act quickly and decisively next time.
Register Your Trademark
If you haven’t protected your brand elements through federal trademark registration yet, consider doing so now. A federal trademark gives you:
Nationwide protection in connection with your goods or services
The right to use the ® symbol
Access to stronger enforcement tools, including platform takedowns and federal court claims
Greater deterrence against future infringement
An attorney can help assess your brand’s registrability, conduct a clearance search, and file an application that aligns with your business goals. Not sure where to start? Check out our trademark registration services.
Register Your Copyrights
For brand assets like original website copy, marketing content, product photos, or visual designs, copyright registration adds another layer of protection. While copyright protection exists automatically upon creation of the work, registration gives you enforcement leverage – including the ability to sue for infringement, claim statutory damages, and request attorneys’ fees.
If someone has copied your content, having a registered copyright can dramatically shift the balance in your favor. The guidance of an attorney can be invaluable when it comes to understanding what to copyright and how to navigate the registration process – click here to learn more about how we can help!
Monitor Your Brand
Ongoing vigilance is part of protecting what you’ve built. You can:
Set up Google Alerts for your brand name, tagline, or product names
Search social media, online marketplaces, and domain registrars periodically
Use trademark watch services to flag newly filed marks that may be confusingly similar
Enlist the support of a lawyer, who can carry out ongoing IP monitoring on your behalf
Early detection makes enforcement easier – and often more affordable – than waiting until confusion has escalated.
Clarify Ownership and Usage Internally
If you work with contractors or collaborators, take time to review your contracts and ensure you own the rights to any intellectual property created for your brand. Without a written agreement that includes a copyright or IP assignment clause, the creator may legally retain ownership – even if you paid for the work.
It’s crucial that your agreements do two things:
Transfer ownership of the intellectual property to your business
Clearly define how the work can and cannot be used by the contractor going forward
This prevents scenarios where, for example, a designer uses elements of the logo they designed for you in future projects for other clients, or a copywriter reuses language developed for your brand elsewhere.
Common areas to review:
Logo and brand identity design
Website copy and layout
Product packaging or label designs
Photos, illustrations, or branded templates
Marketing collateral, lead magnets, or course materials
Use clear, written agreements that include both IP assignment clauses and usage restrictions, so your brand assets are fully and exclusively yours – and used only in ways you’ve approved.
Handle Copycats With Clarity & Confidence
Dealing with brand infringement is rarely straightforward – and it often brings up a mix of frustration, uncertainty, and urgency. Whether you’re still laying the legal groundwork or responding to an active issue, know that there are practical, concrete steps you can take to protect your brand.
Building strong foundations through registration, monitoring, and clear contracts makes future enforcement easier. But even if someone crosses the line before you’re fully protected, you still have options. From strategic outreach to formal legal action, how you respond can shape not only the outcome of this situation, but how your brand is perceived moving forward.
Whether you’re navigating a potential infringement issue or simply want to strengthen your brand’s legal protections, get in touch with Mika Mooney Law. We offer trademark and copyright services to support you at every stage of your business journey, so you can grow your brand with clarity & confidence!
Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.
