What to do if someone knocks off your brand

You’ve worked hard and invested real money to build your brand. Then one day you open your browser or walk down the aisle at a trade show and there it is: someone using a brand that looks a lot like yours. Maybe they tweaked the name. Maybe they’re copying your packaging. Maybe they’re straight-up impersonating your company online.

Here’s a checklist:

1. Stay Calm and Gather Evidence

Your first instinct may be to blast them on social media or send a strongly worded email. Resist that urge (for now). Instead, start documenting:

• Screenshots of the infringing use

• Dates and times you saw it

• URLs, social media handles, online listings

• Packaging or advertising materials

• This documentation could be crucial if the matter escalates to legal action.

2. Understand What’s Being Infringed

Not all copying is illegal. But if you have:

• A registered trademark (®),

• A common law trademark through consistent use,

• A trade dress (product packaging or design that consumers associate with your brand), or

• A copyrighted design or content (esp. if registered)

…then you may have strong legal grounds.

3. Talk to an IP Attorney

A lawyer who understands trademarks and branding can assess your rights and help you respond strategically. In some cases, the best move might be a cease-and-desist letter. In others, it might involve contacting platforms (like Amazon, Instagram, or Etsy) to remove the infringing material.

If you send a letter without good legal footing, it could backfire—and even expose you to a “declaratory judgment” lawsuit by the other party.

4. Act Quickly, Especially Online

Brand knockoffs spread fast. If the infringement is online:

• File takedown notices through the platform’s intellectual property policy (most major platforms have built-in tools for this)

• Monitor the situation using Google Alerts or brand monitoring service

• Keep a log of infringing accounts or listings in case they reappear under different names

5. Consider an Effective Business Strategy

Every brand enforcement case involves a judgment call. Is the infringer confusing your customers? Hurting your sales? Riding your coattails? Or just flattering you in a way that isn’t worth fighting?

Sometimes a quiet email can resolve the issue. Other times, it’s worth pursuing formal legal action or even litigation. And in certain cases, especially if you're growing nationally, you may need to expand your trademark protection proactively.

6. Protect Yourself

If this incident revealed gaps in your IP strategy, now’s the time to shore things up:

• Register your trademarks if you haven’t already

• Lock down key domain names and social handles

• Develop brand usage guidelines and enforcement protocols

Final Thought

Having someone knock off your brand is frustrating, but it’s also a sign you’re doing something right. The key is to handle it smartly—with calm, speed, and good advice. If you're not sure what your next step should be, consult with an IP attorney who understands both the legal and business dimensions of brand protection.