Your leverage depends on registration. A registered mark gives statutory infringement remedies; an unregistered one relies on passing off — provable, but slower and evidence-hungry. Either way, courts reward businesses that acted promptly and documented the copying.
The escalation ladder
- Evidence — dated screenshots, purchases, packaging, their filings. Do this before alerting them.
- Cease & desist — a well-drafted notice ends a large share of disputes at minimal cost.
- Platform takedowns — Amazon, Flipkart and social platforms act on brand-registry complaints quickly.
- Registry action — oppose or seek cancellation of their conflicting applications.
- Court — injunctions can be fast in clear cases; budget and stakes should be weighed like any investment.