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What do you do when someone copies your brand name ?
I’ve been running prototypr for years for a blog with around ~200k monthly visitors then someone started using the exact same name for a website builder. You wouldn’t come across their site unless you search for my brand, and most people come to my site from searching for other search terms (e.g. Claude artifacts) so it doesn’t really affect me so much, just a bit annoying that they’re using the same name in the same industry, and I’m gonna be adding a form of website builder to my site.
Contacted them and they say they won’t change it, but I get complaints about their service when people mistake their tool for my site. Not sure if it’s important enough to waste energy taking more action. Anyone have suggestions or advice, or had a similar issue?
Contacted them and they say they won’t change it, but I get complaints about their service when people mistake their tool for my site. Not sure if it’s important enough to waste energy taking more action. Anyone have suggestions or advice, or had a similar issue?
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Ok, so technically you can't do anything if you haven't legally protected your brand name. It's a "whoever gets to it first gets it" kinda thing. It sucks, but if it IS legally protected, you have a strong case since it's the exact spelling AND in the same industry (direct competitor).
Actively using the mark already provides legal protection. Even if it's not formally registered. The latter however, does make legal proceedings a lot easier (and less expensive).
That's really good to know! I've had a few friends back down from C&Ds when their brand name was too similar (not even an exact match) to someone else's.
They didn't have a lawyer on retainer, though.
thanks @thecatstickler ! I will get the USPTO trademark Marc mentioned! I didn't realise anyone could just come and take a name, did some AI research lol:
Burger King of Florida vs. Hoots (1979):
A small ice cream shop in Illinois called "Burger King" had been operating since 1957, predating the national fast-food chain's expansion into that state. When the larger Burger King tried to open in Illinois, the small shop sued. The court ruled that the smaller Burger King could continue using its name within a 20-mile radius of its original location, while the larger chain could use the name elsewhere in the state.
Talk to a trademark lawyer. Have them send a cease and desist and file for a trademark registration with USPTO.
If you don't actively defend your trademark you risk losing your rights. You wouldn't want to get into a position where YOU have to change your brand name. Additionally, if you ever plan on selling your business, having a strong mark (registered, successfully defended, etc) will help your valuation.
DM me for an introduction to a really good TM lawyer I've worked with many times before.
Also, start collecting all "evidence" you have of customer confusion. When someone emails you but it's really about the other Prototypr, save those emails! Also reply asking for confirmation that they meant the other site.
All of this will be useful when you take legal action.
Thanks Marc, all the extra info is really useful. I don't know much about TMs but I did register a UK trademark - not sure if that carries any weight anywhere else though.
I'd really appreciate the intro to the TM laywer and will drop you a message!
So although my project (Always Check on the Homies), is pretty small and local, the name itself isn't revelational and has had a few iterations of different companies with the same/similar names.
For a few, I actually collaborated with them and we worked something out to eventually have them phase out of the name. A lot of the give happened when results for my brand were starting to climb and they treated their projects as a side hustle and nothing more.
For the rest that didn't want to engage/collaborate, we came to a mutual agreement to just stay in our lanes. Granted -- none of the projects were big enough to make a legal case even worth it.
I think in your sense, might be good to build in public a bit more so people can at least tie your company name back to you for more validation. As you continue to scale and add that website builder tool etc, I would be optimistic and believe your company will eventually eclipse them into forcing a name change from their side.