Someone is Copying Your Brand. Now What?
You spot someone using a name that looks or sounds too close to your brand and your first instinct is to shut it down immediately. Trademark attorney Jessica Eaves Mathews explains why that instinct can backfire, and what the real first step should be.
In this video, Jessica breaks down why the first question in trademark enforcement isn’t how do I stop them, it’s what rights do I actually have. She covers date of first use and why it determines priority, how a common law unregistered mark can sometimes beat a later registered one, and why descriptive brand names often need years of consistent use before they’re enforceable at all. She also walks through a real client case where correct sequencing led to a quiet, low cost resolution instead of a public dispute, and gives four practical action steps for any founder who thinks their brand is being copied.
What’s covered:
- Why enforcement should never be your first move
- Date of first use and how priority rights actually work
- Why common law rights can beat a registered trademark
- How descriptive marks become enforceable over time
- Practical steps before you contact anyone about infringement
Ready to protect your brand? Book a free consultation: https://www.leveragelegalgroup.com/contact/


