What to Do If Someone Copies Your Brand

Protecting a distinctive brand has become a critical part of doing business. Modern consumers associate names, logos, colours, and even sounds with particular companies, and intellectual property (IP) laws provide a way to secure these identifiers. When someone copies your brand, it can confuse customers, damage your reputation, and dilute the value of your company.

Understanding Brand Copying and Infringement

What constitutes infringement?

At its core, brand copying is a form of trademark infringement. The United States Patent and Trademark Office (USPTO) defines trademark infringement as unauthorised use of a trademark on or in connection with goods or services “in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services”. This definition is widely used internationally: an infringer cannot use your registered mark or a confusingly similar sign for identical or similar goods or services because such use misleads consumers about who is behind the product.

Brand copying covers several scenarios:

• Trademark counterfeiting – using identical or virtually identical marks on the same goods; WIPO explains that this special category of infringement involves an unauthorised sign indistinguishable from the registered trademark.
• Passing off and unfair competition – using similar branding or trade dress to mislead consumers without necessarily copying the exact mark.
• Domain‑name “cybersquatting” – registering a domain name incorporating another company’s mark in bad faith. WIPO notes that cybersquatting misuses a brand online and that the Uniform Domain‑Name Dispute Resolution Policy (UDRP) provides a remedy.
• Design or trade‑dress copying – replicating the shape, packaging, or overall presentation of a product so that consumers mistake the origin.

Why verifying rights matters

Before taking action, confirm that you have valid rights. WIPO emphasises that trademark protection is obtained through registration at national or regional offices. At the international level, you may register in each country or use WIPO’s Madrid System for international registration. Registration provides an exclusive right to use the mark and helps prove ownership if you need to enforce your brand. However, many jurisdictions also recognise unregistered “common‑law” rights based on use. You will need to show that your mark is distinctive and that you used it before the alleged infringer.

International Legal Framework

TRIPS Agreement

The Agreement on Trade‑Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for IP enforcement across the 170+ members of the WTO. Article 41 requires members to provide procedures that allow right‑holders to take effective action against infringement and obtain expeditious remedies that deter further infringements. These procedures must be fair, equitable, and not unnecessarily complicated or costly. TRIPS also obliges judicial authorities to have the power to grant injunctions (orders to stop infringing acts) and to award damages that compensate the right‑holder. They may order the destruction of infringing goods and protect confidential information.

WIPO and alternative dispute resolution

WIPO administers several treaties and services that assist brand owners. The Madrid System allows businesses to seek protection in multiple countries through a single filing. WIPO’s Arbitration and Mediation Center provides mediation, arbitration, and expedited arbitration tailored to IP disputes. These alternative dispute resolution (ADR) mechanisms are time‑ and cost‑efficient; their consensual nature often results in a less adversarial process, preserving business relationships and saving money. The Center is also the global leader in domain‑name dispute resolution under the UDRP.

Role of customs and border measures

Counterfeiting and piracy often involve cross‑border trade. The WCO notes that customs play a vital role in combating counterfeit goods, preventing unfair competition, and safeguarding public health. Counterfeit pharmaceuticals, auto parts, and consumer products can pose serious safety risks, so customs administrations coordinate with rights‑holders and use modern enforcement tools to intercept infringing goods. Under TRIPS, members must provide border measures enabling customs to suspend the release of counterfeit goods. Businesses can file applications with customs authorities to intercept counterfeit shipments; in the EU, this is facilitated by the IP Enforcement Portal.

Practical Steps to Take When Someone Copies Your Brand

1. Verify infringement and gather evidence

First, determine whether the alleged conduct actually infringes your brand. Ask yourself:

1. Do you have valid rights? Check your trademark registrations and any common‑law rights. If you operate internationally, confirm whether your mark is registered in the infringer’s jurisdiction.
2. Is the other mark confusingly similar? Courts assess factors such as similarity of the marks, the relatedness of the goods or services, marketing channels, purchasing conditions, and evidence of actual confusion. The definition of infringement from the USPTO emphasises likelihood of confusion.

Once you believe infringement exists, collect and preserve evidence. The WIPO domain‑name guidelines explain that complainants must prove (1) rights in the trademark, (2) lack of rights by the registrant, and (3) bad‑faith registration or use. Evidence may include:

• Copies of your trademark registration certificates.
• Screenshots of the infringing website, product packaging, or advertisements, with timestamps.
• WHOIS or domain‑registration information showing ownership and registration dates.
• Correspondence, invoices, or social media posts showing the infringer’s use and intent.

Proper documentation helps support cease‑and‑desist letters, administrative complaints or court actions.

2. Monitor the market and act promptly

Vigilance is key. EUIPO advises rights holders to regularly search for trademark applications and look online for evidence of infringements. Set up alerts on WIPO’s Global Brand Database, watch services, and industry publications. By spotting infringing activity early, you can stop harm before it escalates. Quick action also strengthens the argument that you are actively policing your mark, which may be relevant if you later seek damages.

3. Send a cease‑and‑desist letter

Often, the first substantive step is to send a cease‑and‑desist letter. According to EUIPO, such letters put the alleged infringer on notice of your rights and warn that continued use may lead to legal action. Well‑drafted letters typically include:

• A description of your trademark and proof of registration or prior use.
• An explanation of why the other party’s use constitutes infringement (e.g., likelihood of confusion).
• A demand that the infringer stop using the mark by a certain date, remove infringing products from sale and transfer any infringing domain names.
• A reservation of your right to seek damages.

You should consult a lawyer to ensure the letter is appropriate for the jurisdiction and does not inadvertently weaken your position. In some cases, the infringer may not be aware of your rights and will voluntarily cease use.

4. Negotiate or use alternative dispute resolution

Sometimes disputes can be resolved amicably. EUIPO notes that parties may negotiate a settlement through mediation or arbitration. WIPO’s ADR services offer mediation, arbitration, and expert determination specifically tailored to IP and technology disputes. Mediation is confidential and less adversarial; the WIPO Center highlights that it is flexible, can save time and money and may allow parties to preserve or enhance business relationships. If both parties desire an ongoing licensing relationship, mediation can provide creative solutions such as co‑existence agreements or royalty arrangements. WIPO provides model ADR clauses and even Good Offices services to help parties agree on procedure.

5. Oppose or cancel infringing trademark applications

If the infringer has filed or obtained a trademark registration, consider administrative remedies. Once your trademark application has a filing date, you can oppose new applications filed later. Opposition allows you to argue that the later application is confusingly similar to your earlier mark. Many jurisdictions have formal opposition periods, often a few months after publication.

Similarly, you may seek cancellation or invalidity of an existing registration if you can show that the registrant never used the mark, the registration was obtained in bad faith, or it conflicts with your earlier rights. These procedures are typically handled by the national or regional IP office, sometimes through written submissions and hearings. Administrative actions can prevent the infringer from building stronger rights and may support your argument in later legal proceedings.

6. Bring civil legal proceedings

If negotiation and administrative remedies fail, formal legal action may be necessary. TRIPS requires member states to provide fair and equitable civil procedures. Courts can grant injunctions ordering the infringer to stop the unlawful use and prevent infringing goods from entering commerce. They may award damages adequate to compensate for injury and, in appropriate cases, the infringer’s profits and attorney’s fees. Courts also have the authority to destroy infringing goods and the materials used to make them. These remedies serve as a deterrent and help remove counterfeit products from the market.

Civil litigation is typically national in scope; you must file in the jurisdiction where infringement occurs. It can be costly and time‑consuming, but it provides binding orders and monetary compensation. Your prospects will depend on factors such as the strength of your mark, evidence of confusion, and proof of damages. Consult experienced counsel to evaluate the merits of your case and the appropriate forum.

7. Use border measures to intercept counterfeit goods

Where infringement involves physical goods crossing borders, customs enforcement is essential. The WCO highlights that customs administrations coordinate with rights‑holders to stop counterfeit and pirated goods, protecting consumers and ensuring fair competition. Right‑holders can request customs to detain suspected counterfeit shipments. Under TRIPS, judicial authorities must have the power to prevent the entry of infringing goods into commerce. Many countries allow rights‑holders to file applications for customs recordal of trademarks; customs then notifies the holder when suspect goods arrive. You may need to provide security and evidence and follow up with court action.

8. Resolve domain‑name disputes

Cybersquatters often register domain names incorporating well‑known marks to divert traffic or extort payment. WIPO explains that when a brand is misused online, it can be reclaimed via the UDRP. The UDRP applies to generic top‑level domains such as .com and many country‑code domains. To succeed, a complainant must prove that it has rights in the mark, that the registrant has no legitimate rights, and that the domain was registered and used in bad faith.