Brand Name Disputes: How to Resolve Naming Conflicts

Name Disputes Are More Common Than You Think

As the number of businesses grows, name conflicts multiply. Two companies in different states, different countries, or even different industries can end up fighting over the same name. Here's how these disputes arise and how to resolve them.

Types of Brand Name Disputes

Trademark Infringement

The most serious type. A trademark holder claims you're using a mark that's confusingly similar to theirs in a related market. This can result in:

• Cease-and-desist letters
• Federal lawsuits
• Court-ordered rebranding
• Financial damages

Domain Name Disputes

Someone owns a domain that matches your trademark, or you own a domain someone else claims. These are handled through:

• UDRP (Uniform Domain-Name Dispute-Resolution Policy)
• ACPA (Anticybersquatting Consumer Protection Act)

Social Media Handle Disputes

Someone holds a social media handle matching your brand. Resolution depends on each platform's policies (see our guide on username squatting).

State Business Name Conflicts

Two businesses registered with similar names in the same state. Resolved through state business registries and potentially trademark law.

Resolution Path 1: Direct Negotiation

Before involving lawyers or filing complaints, try talking.

When It Works

• The other party is reasonable and willing to discuss
• There's room for coexistence (different markets, different geographies)
• The dispute is over a domain or social handle, not active trademark infringement

How to Approach

1. Be professional. Aggressive opening moves create defensive responses.
2. Present your position clearly. Explain your trademark rights, prior use, or business interest.
3. Propose solutions. Coexistence agreements, domain purchases, or handle transfers.
4. Document everything. Keep records of all communications.

Coexistence Agreements

Two businesses can formally agree to share a name under specific conditions:

• Different geographic regions
• Different product categories
• Different visual branding (logos, colors)
• Clear disclaimers of non-affiliation

Coexistence agreements should be drafted by an attorney and signed by both parties.

Resolution Path 2: Cease and Desist Letters

If negotiation fails (or isn't appropriate), a cease-and-desist letter is the standard next step.

What It Is

A formal letter from your attorney demanding the other party stop using your brand name. It outlines your rights, the infringement, and the consequences of non-compliance.

What It Achieves

• Puts the other party on formal notice
• Creates a legal record of your enforcement
• Often resolves disputes without litigation (many infringers back down)
• Costs $500-2,000 for an attorney to draft

If You Receive One

Don't panic. Don't ignore it. Consult an IP attorney immediately to evaluate:

• Whether the claim has merit
• Your options for defense
• Whether compliance or negotiation makes more sense

Resolution Path 3: UDRP (Domain Disputes)

The UDRP process is specifically designed for domain name disputes.

Requirements to Win

You must prove all three:

1. The domain is identical or confusingly similar to your trademark
2. The registrant has no legitimate interest in the domain
3. The domain was registered and is being used in bad faith

Process

1. File a complaint with a UDRP provider (WIPO, NAF, or others)
2. Pay the filing fee ($1,500 for single panelist)
3. The respondent has 20 days to reply
4. A panelist reviews and decides (typically within 60 days)

Outcomes

• Transfer: Domain is transferred to you
• Denial: You lose, and the domain stays with the registrant
• Cancellation: Domain is cancelled (rare)

Cost

$1,500-5,000 depending on provider and panel size

Resolution Path 4: USPTO Opposition/Cancellation

If someone is trying to register a trademark that conflicts with yours:

Opposition

File during the 30-day publication period to prevent registration. Cost: $400-600 filing fee + attorney costs.

Cancellation

File after registration to cancel an existing trademark. Cost: $500-600 filing fee + attorney costs.

Both proceedings are handled by the Trademark Trial and Appeal Board (TTAB) and can take 12-24 months.

Resolution Path 5: Federal Litigation

The most expensive and time-consuming option. Appropriate when:

• Significant financial damages are involved
• Other resolution methods have failed
• The infringement is willful and ongoing
• You need injunctive relief (a court order to stop the infringement)

Costs

• Legal fees: $25,000-500,000+ depending on complexity
• Timeline: 1-3+ years
• Potential recovery: Actual damages, profits, attorney fees, and possibly treble damages for willful infringement

Prevention Is Always Cheaper

The best dispute resolution strategy is avoiding disputes entirely:

1. Search thoroughly before choosing a name. Check trademarks, domains, social handles, and business registries.
2. Register your trademark early. It's your strongest weapon in any dispute.
3. Secure domains and social handles immediately. Don't leave gaps for squatters.
4. Monitor for new conflicts. Set up Google Alerts and trademark watch services.

Start With a Clean Search

The vast majority of naming disputes are preventable with proper due diligence. Use BrandScout to check your brand name across trademark databases, domains, and social media — and choose a name that's truly clear before investing in your brand.