So, you’ve built a brand, designed a cool logo, and spent years getting customers to recognize your name. Then one day, you see another company using something shockingly similar. Your heart drops — are they stealing your hard-earned reputation? Welcome to the world of trademark infringement.
1. What Counts as Trademark Infringement?
At its core, trademark infringement happens when someone uses a mark — whether it’s a logo, word, slogan, or symbol — that’s so similar to yours that it’s likely to confuse consumers.
Think of it like this: if your bakery is called “Sweet Sunrise “and another bakery opens down the street called “Sweat Sunrise “using the same color palette and font, customers might easily mistake one for the other. That’s infringement.
Under U.S. law (15 U.S.C. §1114 and §1125(a)), infringement occurs when someone:
- Uses your registered mark or a confusingly similar one without permission;
- Does so in commerce, meaning they sell goods or services using that mark; and
- Their use creates consumer confusion about the source of the goods or services.
You don’t have to prove that people were actually confused — only that confusion is likely. Courts look at factors like:
- How similar the marks look or sound;
- Whether the goods or services compete;
- How strong and recognizable your mark is; and
- Whether the other party intended to ride on your brand’s reputation.
Example:
In Adidas America, Inc. v. Skechers USA, Inc., Adidas sued over Skechers’ use of a shoe design with similar stripes. The court found trademark infringement because consumers might assume Skechers’ shoes came from Adidas.
2. How to Gather Evidence of Trademark Infringement
Before storming into court, you need solid evidence. Here’s how to do it like a pro (or at least like a very well-organized business owner).
Step 1: Document Everything
- Take screenshots of the infringing website, online ads, and social media pages.
- Buy the product if possible — it’s physical proof of use.
- Note the dates, URLs, and sellers.
Step 2: Verify Your Own Rights
Make sure your trademark is properly registered with the U.S. Patent and Trademark Office (USPTO). Registration gives you stronger protection and legal presumptions of ownership nationwide.
If your mark isn’t registered yet, you can still claim “common law” rights — but enforcement becomes harder. Consider filing a trademark application as soon as possible through the USPTO’s TEAS system .
Step 3: Monitor Marketplaces and Social Media
Many businesses miss infringements until customers start complaining. Set up alerts for your brand name on Google, Amazon, and social platforms. Tools like TrademarkNow and Markify can help monitor similar marks automatically.
Step 4: Consult an Attorney
Trademark law can get messy. An experienced intellectual property (IP) lawyer can assess your case, draft a cease-and-desist letter, and determine whether litigation is worth pursuing.
3. How to Resolve a Trademark Infringement Dispute
Once you’ve confirmed an infringement, it’s time to act. You have options — and not all of them involve a courtroom.
Option 1: Send a Cease-and-Desist Letter
This is your polite but firm way of saying, “Hey, that’s my mark — stop using it.”
A cease-and-desist letter should:
- Identify your registered mark and registration number;
- Explain how the other party’s use is confusingly similar;
- Demand that they stop using it; and
- Set a clear deadline for compliance.
Most cases end here — the infringer stops using the mark to avoid legal trouble.
Pro tip: Always let a lawyer draft this letter. A poorly written one could backfire, especially if the other side files for a declaratory judgment against you.
Option 2: Negotiate a Settlement
Sometimes, you might agree that both parties can coexist — for example, if your businesses operate in different industries or regions. A coexistence agreement can outline boundaries to prevent future conflict.
Option 3: File a Lawsuit
If the infringer refuses to back down, you can file a trademark infringement lawsuit in federal court under the Lanham Act.
Possible remedies include:
- A court order (injunction) to stop the use;
- Monetary damages — including profits made by the infringer;
- Attorney’s fees in exceptional cases;
- Seizure or destruction of infringing goods.
Be prepared: litigation can take months (or years) and cost thousands of dollars. That’s why early negotiation is usually the smarter route.
4. How to Prevent Trademark Infringement Before It Starts
Like most legal headaches, prevention is cheaper than cure. Here’s how to stay ahead:
a. Register Early
File your mark with the USPTO as soon as your brand identity is ready. This makes your rights public and searchable — and deters others from accidentally stepping on your toes.
b. Use the ® Symbol
Once your trademark is officially registered, display the ® symbol next to it. It warns others that the mark is legally protected. If it’s not yet registered, use ™ (for goods) or ℠ (for services).
c. Create Brand Guidelines
If your company allows partners, distributors, or affiliates to use your trademark, establish written usage rules. Misuse by your own partners can weaken your mark — known as “naked licensing.”
d. Monitor and Enforce
The USPTO won’t police your trademark for you — that’s your job. Set regular reminders to check new filings on the Trademark Electronic Search System (TESS) and online marketplaces.
Some business owners hire trademark watch services that alert you when a confusingly similar mark is filed.
e. Renew Your Registration
U.S. trademarks must be renewed:
- Between the 5th and 6th year after registration (Section 8 filing),
- Every 10 years thereafter (Section 9 filing).
Miss a renewal deadline, and your protection evaporates .
Your brand is one of your most valuable business assets. Protecting it from trademark infringement isn’t just about legal rights — it’s about maintaining customer trust and your company’s reputation.
Whether you’re running a small Etsy shop or a nationwide business, keeping an eye on your trademarks should be part of your regular operations. Because in the world of branding, imitation isn’t flattery — it’s infringement.
