What If Someone’s Copying You?
You built something. A brand. A name. A logo. A look. You filed for a trademark, followed the rules, played it straight.
And now… someone’s copying you.
Maybe it’s the name. Maybe it’s their packaging. Maybe it’s just a little too close for comfort.
Whatever it is, it’s not just annoying — it’s potentially illegal.
So what do you do about it?
That’s what we’re going to talk about here. Not just from a legal perspective, but from the point of view of a real person running a real business. Because when someone steps on your toes, it’s not just about paperwork — it’s about reputation, money, and momentum.
So let’s take a clear, calm look at how to handle trademark infringement — what qualifies, how to respond, and when to fight.
Part 1: Is This Actually Infringement, or Just a Coincidence?
Before you rage-type an email or hire a lawyer to nuke someone from orbit, let’s figure out whether what’s happening is really trademark infringement.
Here’s the key legal test:
Is the other party using a mark that is likely to cause confusion with yours, in a similar market?
Let’s break that down:
“Using a mark” means they’re applying a name, logo, phrase, or symbol to sell something — usually a product or service.
“Likely to cause confusion” means the average customer might think your business is connected to theirs, even if it’s not.
“In a similar market” means they’re operating in a space that overlaps with yours — selling similar products, targeting similar audiences.
Example:
You own a business called WAVECREST, selling surfboards.
Someone else starts selling WAVECREST branded wetsuits.
That’s probably infringement. It’s the same name, same general market (surf gear), and your customers might think it’s you.
But what if they sell WAVECREST Financial Planning?
That’s… probably not infringement. Same name, totally different space. Unless your brand is super famous (think Apple, Amazon, etc.), your rights don’t automatically reach across every industry.
So step one is always: Check the context.
Not everything that looks similar is legally actionable.
Part 2: How Serious Is This?
Let’s say it is infringement. Now the question is: How big of a deal is it?
Infringement falls on a spectrum:
Low-level confusion: A small Etsy shop with a similar name, no trademark filing, and limited reach.
Medium threat: A local competitor using a confusingly similar logo in your space.
High-level threat: A national brand copying your entire trade dress and marketing to your same audience.
You respond differently based on the severity. Not every case needs a lawsuit. Some need a phone call. Some need a warning. Some need firepower.
But before you do anything — take screenshots. Save posts. Download the evidence. You want a record of what you saw, when you saw it, and how it appeared in the wild.
Because people do change things once they know they’re being watched.
Part 3: The Cease-and-Desist Letter — Your First Real Move
The most common (and often most effective) first move is the cease-and-desist letter. It’s a formal way of saying:
“Hey, you’re using a name/logo/design that’s too close to mine. Please stop, or I’ll have to take legal action.”
You can send one yourself, but if you’re serious, having a lawyer send it usually carries more weight.
What should it include?
Who you are and the mark you own (with registration info if applicable)
What the other party is doing and why it’s infringing
What you want them to do (usually, stop using the mark)
A deadline to respond or comply
A calm but clear tone — professional, not emotional
It’s not a threat. It’s a heads-up.
And in many cases, it works. Especially if the other party didn’t know they were crossing a line. People don’t usually want legal trouble. They just want to run their business.
So start here.
Part 4: Filing a Complaint (If They Don’t Back Down)
If the cease-and-desist doesn’t work — or they ignore you entirely — you have options. Here are the most common:
1. USPTO Opposition or Cancellation
If they’re trying to register a similar trademark, you can:
Oppose it during the application process (before it’s approved).
Petition to cancel it after registration (if it was wrongly approved).
This is handled through a legal proceeding with the Trademark Trial and Appeal Board (TTAB). It’s like a mini-court — paper-based, formal, and definitely lawyer-friendly.
2. Online Platform Takedowns
If the infringement is happening on Amazon, Etsy, eBay, or Instagram, you can usually file a complaint directly with the platform.
Most platforms have trademark policies. If you have a registered trademark, they’ll often take the other listing down quickly.
This is a fast, cheap solution if the issue is limited to online selling.
3. Trademark Infringement Lawsuit
This is the nuclear option — a federal court lawsuit under the Lanham Act. You file it when:
The infringement is harming your business significantly.
You’ve tried other options and been ignored.
You need to protect your brand long-term.
Lawsuits are serious. They take time, money, and emotional energy. But if you win, you can get:
An injunction (they have to stop using the mark)
Monetary damages (if you’ve lost money or they profited off your brand)
Attorney’s fees (in some cases)
Most trademark lawsuits settle. But sometimes, you need to go all the way to make it clear: this is your brand.
Part 5: What If You’re the One Getting the Letter?
Let’s flip the script for a second.
What if you get the cease-and-desist? What if someone says you’re the infringer?
Take a breath. Don’t panic.
A cease-and-desist is not a lawsuit. It’s just someone asking you to stop.
But don’t ignore it either. Here’s what to do:
Read it carefully.
Check their claim. Do they have a registered trademark? Is it really that similar?
Talk to a trademark lawyer. Seriously. You want to know where you stand.
Decide how to respond. You might:
Comply and change your name.
Push back if you believe your use is fair or different.
Try to negotiate a coexistence agreement.
Not every conflict has to turn into a court case. But take it seriously, and don’t ghost them.
Part 6: Protecting Yourself Going Forward
The best way to avoid infringement issues — on either side — is to stay vigilant.
Here’s what that means:
Do a thorough search before naming anything.
Register your trademark. Common law rights exist, but registration makes everything easier.
Use your mark clearly and consistently.
Set up trademark watch services (or just Google Alerts) to monitor your space.
Act early. The longer you wait, the harder it is to stop someone.
You don’t need to be paranoid. But you do need to be aware. Trademarks are part legal, part strategic.
Final Thoughts: Own It, Defend It, Respect It
Here’s the heart of it all:
Your trademark is your flag in the ground. It’s how people find you, trust you, talk about you. Defending it isn’t about ego — it’s about protecting your business.
You don’t have to become a trademark cop. But you do have to be someone who says, “This matters.”
Whether someone’s copying you or you’re trying to avoid stepping on toes — clarity, respect, and communication will get you 90% of the way.
The other 10%?
That’s why trademark law exists. And now, you know how to use it.