Trademark Infringement and Unauthorised Use: What Should a Brand Do?
Trademark misuse now happens across websites, ads, social accounts, domains, and listings. Where to look, what evidence to preserve, and how to choose a proportionate response.
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Key takeaways
- Trademark misuse now spans websites, ads, social accounts, domain names, listings, packaging, and digital content.
- The key questions are where and how the mark is used, whether it creates confusion, and whether it affects your goodwill.
- Preserve screenshots, URLs, dates, and account details before content changes or disappears.
- Continuous monitoring finds misuse; legal counsel is brought in when actual enforcement is required.
“Someone is using my trademark or brand name without permission.”
Trademark infringement is no longer limited to a competitor putting a similar mark on a physical product. A brand may be misused through websites, advertisements, social-media accounts, domain names, online listings, packaging or digital content.
Where and how is the trademark being used?
The first question is not simply whether the use is unauthorised, but where and how the trademark is being used, whether it creates confusion, and whether the conduct affects the goodwill associated with the brand.
Monitor the channels where misuse appears
Search engines, marketplaces, domains, social-media platforms and online advertisements should be checked regularly. A single complaint may address today's infringement, but may not identify tomorrow's.
Preserve the evidence first
Preserve screenshots, URLs, dates, product listings, advertisements, account details and other relevant digital records before content disappears or changes.
Choosing a proportionate enforcement route
Depending on the circumstances, action may include platform complaints, takedown requests, cease-and-desist notices, domain action or trademark litigation. Having experience in IP enforcement and litigation is particularly valuable when deciding which route is proportionate.
Why continuous monitoring is more economical
For businesses facing recurring misuse, continuously engaging legal counsel merely to search for infringements can become expensive. A dedicated digital brand monitoring system can identify potential misuse continuously, allowing lawyers to become involved when actual enforcement is required.
DiReFTY combines digital trademark monitoring, evidence preservation and enforcement support to help brands identify unauthorised use before it becomes a larger commercial problem.
Frequently asked questions
Someone is using my brand name without permission. What should I do first?
Establish where and how the mark is being used and whether it creates confusion, then preserve screenshots, URLs, dates, listings, and account details before the content changes or disappears.
What actions are available against trademark misuse online?
Depending on the circumstances: platform complaints, takedown requests, cease-and-desist notices, domain action, or trademark litigation. The right route is the one proportionate to the misuse.
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