Trademark Infringement: 3 Red Flags Every Business Should Watch For

Trademark infringement isn’t always loud or obvious. Sometimes it’s a subtle echo of your brand on unauthorized merchandise or being used by a competitor with some minor changes— and by the time the confusion spreads, it can already be affecting revenue and reputation.

Here are three of the most common signs of trademark infringement that every business should be watching for:

Trademark confusion can start subtle, but it doesn't stay small.

A Similar Name or Logo — Especially in a Related Space

When another business starts using a name, logo, or slogan that closely resembles an existing brand, that’s often the first warning sign. This is especially concerning when the other brand operates in the same or a related industry. Customers might assume there’s a connection, even when there isn’t one — and that confusion is what trademark protection is designed to prevent.

Take the example of a fitness app named “ESCAFit” and a new tracker app appearing under the name “ESCAFiit.” While the spelling is different, the impression is nearly identical. That kind of overlap — especially when targeting the same user base — can dilute brand value and create legal risk.

Even if the infringing party is in a different industry, it may still fall within what's called a brand’s “natural zone of expansion.” Businesses often grow beyond their original categories — and if another entity tries to get there first using a confusingly similar name, that’s cause for concern.

Confusion Online — Especially in Search Results or Ads

Trademark issues aren’t just about physical marketplace branding anymore. These days, a significant amount of confusion happens on social media, app stores, and online marketplaces.

If organic traffic suddenly drops, or ads become more expensive to run, it could be because someone is bidding on the same branded keywords or using deceptively similar names and descriptions. This kind of activity can cause customers to click away — often without even realizing it — and siphon off visibility and trust in the process.

Businesses should make a habit of checking what comes up when searching their own brand name online. Who appears in autocomplete suggestions? Who’s running ads on the same keywords? If a lookalike is competing for attention at the top of the page, that’s not just annoying — it’s a real IP issue.

Unauthorized Merch or Digital Content Using the Brand Without Permission

As brands grow, so does the likelihood that someone will try to profit off that recognition — often without permission. It could be t-shirts with a signature slogan, a downloadable product template that borrows the brand’s look and feel, or a YouTube channel using the logo to build its own audience.

Whether it's physical merch or digital content, unapproved use of a brand can cause serious issues. These knockoffs may confuse customers, damage brand reputation, or even weaken trademark rights over time if left unaddressed.

This kind of infringement often flies under the radar at first — especially when it doesn’t feel “big enough” to worry about. But unchecked use can spread quickly, especially online, where content is shared, reshared, and repackaged in seconds. Once it gains traction, it can be harder (and more expensive) to clean up.

Early action helps protect not only the brand’s identity but also its future expansion into new categories — including digital ones. A proactive monitoring strategy can make all the difference.

What Can You Do About It?

When potential infringement pops up, the next steps matter. Screenshots, saved links, timestamps — all of these help create a clear record. That kind of documentation is often the difference between a quick resolution and a lengthy back-and-forth.

For minor issues, a brand may be able to handle things directly — a polite email, a domain dispute, or a platform takedown. But when infringement is persistent, commercial in nature, or affecting revenue or reputation, that’s the time to speak with a lawyer who works in this space.

The goal isn’t to jump straight to lawsuits — it’s to protect your position with the least disruption possible. The right legal support will look at the bigger picture, assess the risk, and guide you through the right approach — whether that’s enforcement, negotiation, or quietly shoring up your rights for future protection.

Because at the end of the day, trademarks aren't just about ownership. They're about brand clarity, customer trust, and long-term growth. And when something threatens that, it’s worth taking seriously.

This post isn’t legal advice—just general insight. Always consult a qualified lawyer about your specific situation. ESCA Legal specializes in intellectual property, global brand strategy, and fighting counterfeits; reach out to us at info@esca.legal if you’ve got questions.