Someone Is Copying Your Brand Name: What Can You Do?

Discovering that another business is using a name or logo very close to yours is a common and unsettling problem. The route you take depends mainly on whether your mark is registered, and on how much evidence you can show.

Infringement or passing off?

If your trademark is registered, using a similar mark for similar goods or services without permission can amount to infringement under the Trade Marks Act. If it isn't registered, you can still bring a passing-off action, but you have to prove that your brand had built up a reputation and that the other party's use is likely to mislead customers.

Gather evidence first

Whichever route applies, the strength of the case depends on documents.

• Proof of when you first started using the mark, such as invoices, packaging, and advertising
• Evidence of the other party's use, such as screenshots, product photographs, and listings, with dates
• Any proof of customer confusion, such as messages or complaints sent to the wrong business
• Your registration certificate, if you have one

The usual sequence

The first step is normally a legal notice asking the other party to stop and, where appropriate, to give an undertaking. Many disputes end there. If they don't, a suit can seek an interim injunction to stop the use while the case continues, along with damages or an account of profits. For deliberate counterfeiting, criminal provisions also exist.

Why delay hurts

Courts weigh how quickly an owner acted. Waiting while a copycat builds a customer base can weaken a request for urgent relief, and the longer the other brand sits in the market, the harder it becomes to undo the confusion.

The takeaway

Document the problem as soon as you see it, check where your own registration stands, and have the position reviewed before replying to the other party. Early, calm action usually protects a brand better than a heated response.