Trademark Disputes in Georgia: How to Stop Infringement and Protect your Brand

Your brand name, logo, and identity are critical to your business’s success. When another company in Georgia starts using a name or design that confuses your customers, it can damage your reputation and revenue.

While federal trademark law (Lanham Act) provides strong protections, Georgia businesses have additional legal tools to fight infringement, including the Georgia Deceptive Trade Practices Act (DTPA). If you are facing potential trademark infringement, knowing the right steps to take can mean the difference between protecting your brand or losing control of it.

How Georgia’s Deceptive Trade Practices Act Can Help

Most trademark disputes are handled at the federal level, but Georgia’s Deceptive Trade Practices Act (DTPA) (O.C.G.A. § 10-1-370 et seq.) provides an additional layer of protection, especially for businesses dealing with local infringement.

What Qualifies as a Deceptive Trade Practice?

If a competing business in Georgia does any of the following, you may have a claim:

• Uses a similar name or logo that confuses customers

• Misrepresents their goods or services as affiliated with yours

• Passes off another company’s product as their own

• Creates confusion about the origin of their business

Unlike federal trademark lawsuits, Georgia’s DTPA does not require proving financial damages, only that the conduct is misleading. This means you can take quicker legal action without waiting to prove lost revenue.

Legal Remedies Under the DTPA

If another company is infringing on your brand, you may be able to:

• Get an injunction – A court order to immediately stop the infringing business from using your trademark

• Increase leverage in a trademark dispute – Even if you own a federal trademark, adding a state-level claim under the DTPA strengthens your case

• Avoid lengthy litigation – Many businesses comply once they receive a formal legal demand citing the DTPA

What to Do If Someone is Using Your Trademark in Georgia

Trademark infringement is not something you should try to handle alone. Business owners often underestimate the legal complexity of enforcement, and a misstep could weaken your rights. Here is what to do if you suspect infringement:

1. Document the Infringement

Gather clear evidence showing how the other business is using your brand:

• Screenshots of their website, ads, or social media

• Photos of storefront signs, product packaging, or marketing materials

• Proof of actual customer confusion (misdirected emails, complaints, or sales loss)

2. Consult a Trademark Attorney Before Acting

Many business owners make the mistake of reaching out directly to an infringer. This can backfire, giving them time to strengthen their defense or even file a preemptive lawsuit against you.

Before taking any action, a trademark attorney can:

• Assess the strength of your case and whether the infringement is legally actionable

• Advise on the best enforcement strategy, whether through a demand letter, DTPA claim, or federal lawsuit

• Ensure you do not accidentally waive rights or make statements that weaken your legal position

3. Send a Cease-and-Desist Letter

A well-drafted cease-and-desist letter from an attorney is often enough to stop infringement before litigation. Unlike informal complaints, a legally structured demand letter:

• Outlines your trademark rights and legal claims

• Cites relevant Georgia and federal laws

• Threatens further legal action if the infringer does not comply

• Shows you are serious and prepared to litigate if necessary

4. Pursue Legal Action if They Do Not Stop

If the infringer refuses to comply, you may need to file for an injunction or damages under:

• Federal trademark law (if you have a USPTO-registered mark)

• Georgia’s Deceptive Trade Practices Act (for quicker state-level action)

Taking action sooner rather than later is critical. The longer infringement goes unchallenged, the harder it may be to enforce your rights.

Protect Your Brand Before Problems Arise

A strong legal strategy prevents infringement before it happens. If your business relies on a name, logo, or slogan, you should:

• Register your trademark at the federal and/or state level

• Monitor for potential infringers through business databases and online searches

• Enforce your rights immediately if someone starts using your brand

Do not wait until infringement costs your business money. If you suspect another company is using your trademark, contact our firm today for a consultation on your enforcement options.