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Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!

Can Two Companies Have the Same Trademark?

Have you ever been super excited about a brilliant company name or trademark idea, only to find out someone else already beat you to it? Can two companies actually own the same trademark? So, before you go into full panic mode, let’s break it down.

Believe it or not, it’s entirely possible for two companies to legally own the exact same trademark. I know it sounds strange, but let me give you an example that’ll clear things up. Think about Delta Airlines and Delta Faucets. They both go by “Delta,” but they’re in completely different industries, right? Delta Airlines helps you travel the skies, while Delta Faucets help you manage your plumbing. No likelihood of confusion there!

That’s the key – if you and the other company are operating in completely unrelated industries, you can indeed coexist with the same trademark. So, don’t hit the panic button just yet if your search turns up a matching trademark.

But, hold on a second, you might ask, what if we’re in the same business? Well, in that case, it’s a bit trickier. Having the exact same trademark in the same industry could lead to some confusion among consumers, and that’s generally a no-go.

So, what can you do if you find yourself in this situation? First, don’t jump to conclusions. Just because someone else has the same trademark doesn’t mean it’s an automatic roadblock. Consider reaching out to them and discussing your concerns. Sometimes, amicable agreements can be reached, like using the same name but in different geographic locations.

If negotiations aren’t an option, you might need to consult with a trademark attorney. They can help you explore your legal options, such as proving that your use of the trademark doesn’t create confusion or seeking a different variation of the name that could work for your business.

In conclusion, yes, it’s absolutely possible for two companies to own the same trademark, as long as they’re in different industries. So, before you let frustration take over, take a deep breath and consider your options.

Are you ready?

Now, if you’re ready to take that important step in safeguarding your brand, don’t hesitate to reach out to Indie Law. We are specialists in trademark law and will handle the entire process for you. If you are unsure – Indie Law has secured over 900 trademarks for brands across the US and is 5* rated on Google with 130+ reviews from satisfied clients! Book a call with our knowledgeable and friendly team today, and we’ll take care of everything, ensuring a smooth and successful trademark journey. So what are you waiting for? Start the process to protect your brand TODAY by giving Indie Law a call. Your brand deserves protection – let Indie Law make it happen!

What the Mahomes-Kelce “1587” Trademark Lawsuit Teaches Every Entrepreneur

You’ve built something real. You’ve got a name, a story, and customers who connect with what you’ve created. But if you haven’t trademarked your brand yet, this headline should stop you cold.

Patrick Mahomes and Travis Kelce — two of the most recognizable athletes in America — are being sued for trademark infringement over a four-digit number. And the brand doing the suing? A small sneaker company with a powerful origin story and a painful lesson about waiting too long to file.

This isn’t just celebrity drama. It’s a real-world example of exactly what happens when businesses skip the trademark basics. Here’s what went down, why it matters, and what you can do right now to make sure it doesn’t happen to you.

Two Brands, One Number, Two Very Different Stories

The number 1587 carries deep meaning for both sides of this dispute.

1587 Sneakers, Inc. was co-founded by Adam King and Sam Hyun to honor the year Filipino sailors first arrived in what is now the United States, the earliest recorded presence of Asians in America. The brand launched in April 2023, landed on Season 16 of ABC’s Shark Tank in 2024, and built a loyal following rooted in AAPI heritage and cultural identity.

For Patrick Mahomes and Travis Kelce, the math is simpler: jersey #15 plus jersey #87 equals 1587. They partnered with restaurant group Noble 33 to open 1587 Prime, a nearly 10,000-square-foot upscale steakhouse inside the Loews Kansas City Hotel. It opened on September 17, 2025, Mahomes’ 30th birthday, featuring wagyu beef, private dining rooms, and one of Missouri’s largest wine collections.

Two completely unrelated businesses. Two entirely different industries. One identical number. So how did this end up in federal court?

The Trademark Timeline is Everything

Here’s where things get really instructive for entrepreneurs, because the timeline of who did what and when is the entire story.

1587 Sneakers started selling products in commerce in April 2023. That established what trademark attorneys call “first use,” and under federal law, the first business to actually use a mark in commerce can claim common law trademark rights even without a formal registration.

But here’s the costly mistake: 1587 Sneakers didn’t file a federal trademark application until October 2025, more than two and a half years after first use.

In that same window, Mahomes, Kelce, and Noble 33 filed their trademark application for “1587 Prime” in the restaurant category in December 2023, just eight months after the sneaker company started selling. The USPTO registered “1587 Prime Steakhouse” in early February 2026, right before the lawsuit was filed. 1587 Sneakers’ application remains under review.

That gap is the whole story. Two and a half years of building a brand without federal trademark protection is exactly the kind of vulnerability that puts businesses in impossible positions. Without trademarks, you have ZERO rights to your brand at a federal level. Common law rights exist, but they’re limited, harder to enforce, and no match for a registered trademark.

Why This Case Isn’t As Simple As It Looks

You might be thinking: a sneaker company and a steakhouse are completely different. And you’d normally be right. Trademark law allows identical marks to coexist in unrelated industries all the time. Delta Airlines and Delta Faucets. Dove soap and Dove chocolate.

But 1587 Sneakers argues the overlap is bigger than it appears. The lawsuit alleges that 1587 Prime sells branded merchandise, including caps and shirts, some bearing only “1587” without the word “Prime.” That puts the restaurant squarely in apparel territory, directly competing with the sneaker brand’s clothing line. The complaint also notes that the steakhouse serves “Asian-inspired and influenced dishes,” which the plaintiff claims deepens consumer confusion given the brand’s AAPI identity.

Co-founder Adam King stated publicly that the restaurant’s launch caused “significant harm” to his business, pushing it “toward the cliff of collapse.” He says scores of consumers have reached out, believing the two companies are affiliated.

The central legal question is whether consumers are actually likely to confuse a shoe company with a steakhouse. That’s a hard case to make, and the dispute is likely to end in a settlement or coexistence agreement. But either way, the cost in time, money, and stress for a small brand is enormous.

Three Trademark Lessons Every Entrepreneur Needs to Hear

Whether you’re building a sneaker brand or a restaurant concept, this case highlights principles we talk about with clients every single day.

File your trademark application as early as possible. Common law rights from “first use” are real, but they’re geographically limited and far harder to enforce than a federal registration. A registered trademark gives you nationwide priority, a legal presumption of ownership, and the right to use the ® symbol. 1587 Sneakers built a business for over two years without federal protection, and in that window, a much larger, better-funded competitor filed first. Don’t leave that door open.

Think beyond your current product category. Trademarks are registered in specific classes of goods and services. If you sell one thing today but plan to expand into merchandise, apparel, digital products, or services, you should consider filing in those additional classes from the start. The merchandise overlap in this case caught the sneaker company completely off guard. A thorough trademark strategy accounts for where your brand is going, not just where it is right now.

Act fast when you discover a conflict. 1587 Sneakers reportedly sent a cease-and-desist letter before filing suit, which is the right first move. But the longer you wait to assert your rights, the harder enforcement becomes. If you spot a potential infringer, document it and get with a trademark attorney quickly. Time is never on your side in these situations.

The Bottom Line

The Mahomes-Kelce lawsuit is a vivid reminder that trademark protection isn’t just for big companies with deep pockets. It matters most for small businesses and entrepreneurs who can’t afford to litigate against well-funded opponents.

The strongest position you can be in is one where your trademark is registered, your rights are documented, and your brand is protected before anyone else enters the picture. We’ve helped over 1,500 businesses get to exactly that place, with a 99.7% success rate along the way.

If you’re building a brand worth protecting, don’t wait two and a half years to protect it. Book your free brand protection consultation today, and let’s make sure your brand is legally yours.

[Book Your Free Consultation →]

 

Chloe’s Giant Cookies Lawsuit: A Viral Reminder That Your Brand Name Needs Trademark Protection

A cookie brand blows up on TikTok. Orders flood in. Fans rally. And then … legal papers show up.

Chloe Sexton built Chloe’s Giant Cookies when she became pregnant during the pandemic and was fired from her job. Unemployed, her cookie-shipping company allowed her to provide for her newborn son and pay for her mother’s hospice care as she passed away from brain cancer. 

Self-proclaimed as “incredibly successful,” she’s now being dealt a hand of legal paperwork that could completely change the face and future of her company.

That’s the heart of the trending story around Chloe’s Giant Cookies and a Florida business called Chloe’s Cookies, which reportedly claims the names are too close and may cause confusion. The situation went viral after Chloe Sexton posted about the dispute, and other creators (including influencer Jen Hamilton) publicly supported her. (Instagram)

We have all built businesses on our own “why.” What’s yours? 

And what would it look like if that were all taken away from you, because you left out one often-forgotten legal task? 

This is a perfect real-world lesson in trademark law: your name, your logo, and your “brand vibe” are valuable business assets, and the earlier you protect them, the better.

Let’s break down what’s happening and what business owners can learn from it.

What’s The “Chloe’s Cookies” vs. “Chloe’s Giant Cookies” Fight About?

Public reporting says the dispute centers on business names, which typically means trademark issues, not copyright. (This is Memphis)

Here’s what’s been widely reported:

  • Chloe Sexton built Chloe’s Giant Cookies into a major social media-driven brand, selling oversized cookies online.
  • A Fort Myers, Florida business called Chloe’s Cookies is the party challenging the name.
  • Chloe’s post about the dispute reached about 1.4 million views, and sales surged after the story broke. (Fortune Herald)

Here’s the part that surprises a lot of people: viral support does not decide trademark rights. Courts and the USPTO look at evidence: who used the name first, where and how it’s used, and whether customers are likely to be confused. A crowdfunding campaign and a wave of social media love, as powerful as they are, don’t factor in.

The Big Trademark Question: Would Customers Get Confused?

Most brand name disputes come down to one core test: likelihood of confusion.

That’s lawyer-speak for: Would an ordinary customer think these two businesses are connected?

Courts consider things like:

  • How similar the names look and sound
  • Whether the products overlap (cookies vs. cookies — this matters)
  • Where the products are sold (local shop vs. nationwide shipping can still overlap online)
  • Evidence of real confusion — wrong tags, misdirected orders, DMs meant for the other brand
  • How strong the earlier brand is — longer use, and more recognition carries weight

Even adding one word like “Giant” doesn’t automatically solve the problem. Sometimes it helps, sometimes it doesn’t. It depends on the full picture.

Why This Keeps Happening, and Why It’s Getting Harder to Avoid

Trademark disputes aren’t rare. The trademark system is crowded — and getting more crowded every year.

In FY 2024, the USPTO reported 767,138 new trademark application classes filed. (USPTO) That’s a massive volume of brand names competing in the same space. More filings mean more overlap, and more overlap means more conflict.

And when conflict hits, it gets expensive fast. Even “smaller” formal trademark challenges carry real costs in attorney time, filing fees, and preparation — before you’ve even gotten to a hearing. For growing businesses, that’s money that could have gone toward building the brand instead of defending it.

“But it’s My Name!” — a Myth Worth Busting

A lot of business owners assume: “If my business uses my first name, I’m safe.”

Not always.

Trademark law doesn’t give you an automatic pass just because it’s your legal name. You can still face a challenge if the marketplace is likely to be confused, especially if someone else has been using a similar name for similar goods or services.

This is exactly why clearance searches and early filing matter so much.

7 Things Every Small Business Owner Should Take from This Story

1. Don’t pick a name without a real trademark search. A quick Google search isn’t enough. A real search looks at USPTO filings, similar spellings and sound-alikes, common-law use (unregistered brands with an online presence), and industry overlap. Cookies, desserts, food shipping, catering — all of it matters.

2. File early — even before you feel “ready.” You can often file based on intent to use before you fully launch. That stakes your claim while you build. Waiting until you’re established means you could be building on someone else’s legal turf without knowing it.

3. Keep your branding consistent across platforms. If you’re using three slightly different versions of your name across your website, Instagram, and packaging, that inconsistency can weaken your position in a dispute. One name, used clearly and consistently.

4. Save your proof of first use. All of it. Dated product labels, website screenshots, invoices, packaging photos, and early social posts with sales. These feel like housekeeping, but they can become critical evidence if you ever need to prove when you started using your brand.

5. Understand where your real risk sits. The same product and the same channel are where the danger concentrates. If both brands sell cookies and both ship nationally, the likelihood of confusion rises significantly.

6. Know that coexistence agreements exist. Not every dispute has to end in a lawsuit. Sometimes, both parties can agree to different logos, different regions, or different product lines. And they actually document that agreement. Not every case can settle this way, but many can.

7. Build protection beforeyou go viral. Going viral is the dream. It can also paint a target on your brand name if you never legally protect it. When you’re suddenly everywhere, so is your brand name. And anyone who registered something similar just noticed.

What We’d Tell Any Growing Brand Right Now

Trademark protection isn’t a bonus you add after you’ve “made it.” It’s part of building something that lasts.

We typically encourage businesses to think in this order:

  1. Name selection + clearance search — before you commit to anything
  2. Trademark filing strategy — which classes, which version of your mark, name vs. logo
  3. Brand guidelines — so your use stays consistent and defensible
  4. Monitoring + enforcement plan — so small problems don’t grow into expensive ones

Because once a dispute starts, you’re spending time and money in defense mode instead of growth mode.

Final Thought

The Chloe’s Giant Cookies story went viral because it feels personal. Someone builds something from scratch to support themselves and their family, and a name dispute threatens everything they poured themselves into. (Fortune Herald)

But for every growing brand reading this, the takeaway is simple:

A brand name isn’t truly yours until you protect and claim it with a trademark.

In non-legal speak, that means everything you’ve worked so hard to create can come crashing down in a moment if you don’t have the right legal protection.

If you want to run a real clearance search, nail your trademark filing strategy, or just understand where your brand stands right now – so that you can keep your hard work no matter what -that’s exactly what we’re here for. Book a Brand Protection Call and let’s make sure your brand is built on solid legal ground … *before* you end up in a headline.

This article is for educational purposes only and is not legal advice.

Handling Infringement of a Registered Trademark

Handling infringement of a registered trademark starts with identifying unauthorized use quickly and documenting it correctly. Federal registration gives you nationwide exclusive rights, which means enforcement is not optional. It is expected.

When infringement goes unchallenged, confusion spreads, competitors gain traction, and your brand value erodes. Acting early protects your market position and discourages others from testing your boundaries.

This guide walks through how business owners should respond when their registered trademark is being misused.

How to Spot Trademark Infringement Early

Trademark infringement happens when another party uses a mark that is identical or confusingly similar to a mark on related goods or services.

Common warning signs include competitors launching with names or logos that resemble yours, online sellers copying your packaging or branding, and new domain registrations that mirror your trademark. Social media impersonator accounts are another frequent issue, especially for growing brands.

Customer questions about whether a product or account is “yours” are often the clearest signal that confusion already exists. Ongoing monitoring helps catch these problems before they spread.

Documenting Evidence Before Taking Action

Strong enforcement depends on clear evidence.

Start by capturing dated screenshots of infringing websites, ads, product listings, and social profiles. Save customer emails or messages showing confusion. Track changes in sales or traffic that coincide with the infringing activity.

Keep copies of your federal registration certificate and records showing first use. Log any communications with the infringer. Organized documentation turns suspicion into leverage and strengthens every step that follows.

Sending a Cease-and-Desist Letter

Most enforcement actions begin with a cease-and-desist letter.

The letter should clearly identify your registered trademark, explain how it is being infringed, and assert your legal rights. It typically demands immediate cessation of use and destruction of infringing materials, with a firm response deadline, often within two weeks.

Tone matters. Professional, precise letters carry more weight than emotional ones. When a mark is federally registered, many infringers comply quickly to avoid escalation.

Resolving Disputes Without Litigation

Not every case needs to end in court.

Some disputes are resolved through negotiated settlements, licensing arrangements, or coexistence agreements when goods or services do not directly overlap. Clear rebranding timelines, payment terms for past use, and written assurances are essential.

Attorneys structure these agreements to prevent future disputes and close the door on related claims. When handled correctly, settlement preserves resources without compromising brand control.

When Litigation Becomes Necessary

If an infringer refuses to comply, filing suit in federal court may be the next step.

Registered trademarks simplify enforcement. Courts recognize nationwide ownership, making it easier to obtain injunctions that stop use immediately. Claims can include lost profits, the infringer’s gains, and enhanced damages for willful violations. Attorney fees may also be recoverable.

Judges often move quickly when consumer confusion threatens ongoing harm. Successful enforcement strengthens your trademark portfolio and sends a clear message to the market.

Why Registration Matters in Enforcement

Federal registration provides tools that unregistered marks simply do not have.

It creates public notice of your rights, shifts burdens in disputes, and applies nationwide. It allows you to challenge bad-faith filings, stop counterfeit imports through customs, and pursue statutory damages in appropriate cases.

These advantages make enforcement faster, cleaner, and more predictable.

Preventing Repeat Infringement

Trademark enforcement is not a one-time task.

Regular portfolio reviews help identify gaps as your business expands. Monitoring domains, marketplaces, and social platforms reduces response time. Teams should know how to flag suspicious activity internally.

Timely renewals and filings for updated logos or brand extensions keep protection current. A history of consistent enforcement discourages copycats from trying again.

What Brand Owners Should Know

Trademark infringement requires speed, documentation, and strategic pressure. Registered trademarks give business owners the authority to act decisively and protect what they have built.

If your trademark is being infringed, waiting rarely improves the outcome.

Ready to Enforce Your Trademark Rights?

Schedule your free virtual consultation with Indie Law: https://www.indielaw.com/call/ 

All consultations are virtual, with no in-person meetings required.

This article is for general information only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need guidance specific to your situation, the Indie Law team is here to help.

Our Comprehensive Trademark Renewal Service

Our comprehensive trademark renewal service keeps your registered trademarks active by managing every required filing and deadline. It is designed to prevent accidental lapses that expose brands to infringement, disputes, and loss of priority.

Federal trademark protection can last indefinitely, but only if renewals are handled correctly. Missed filings can cancel a registration outright. This service exists so business owners do not have to track technical deadlines or navigate renewal requirements on their own.

Why Trademark Renewals Matter

Trademark rights are not permanent unless they are maintained.

Between the fifth and sixth year after registration, owners must file a declaration confirming continued use of the mark. Every ten years, trademarks require combined filings and renewal fees to remain active. These deadlines are strict.

When a registration lapses, federal benefits disappear. Nationwide protection ends. Statutory damages may no longer be available. Abandoned registrations can be claimed by competitors who are watching for openings.

Reliable renewal management protects the long-term value of your brand and supports licensing, expansion, and enforcement.

How Our Renewal Service Works

Our process is structured to eliminate guesswork and last-minute filings.

We begin by reviewing your trademark portfolio to identify upcoming deadlines. We then guide you through providing acceptable specimens that show continued use in commerce. Once materials are confirmed, we prepare and submit all required declarations and renewal filings with the correct government fees.

You receive confirmation once filings are accepted, along with updated records for your files. Everything is handled virtually, with secure document requests and clear timelines.

What’s Included in Comprehensive Renewal Coverage

Our renewal service covers the full lifecycle of trademark maintenance, including:

Monitoring all renewal deadlines
Guidance on acceptable specimens for goods and services
Accurate government fee calculations
Timely and error-free filings
Post-filing confirmation and record updates

Multi-class registrations are handled in a coordinated way. If we identify potential issues with use before filing, we flag them early so they can be addressed without risking cancellation.

Renewal Mistakes We Help You Avoid

Trademark owners frequently miss the year five declaration window or submit specimens that do not meet legal standards. Incorrect fee payments and filing the wrong sections are also common reasons for rejection.

These errors can result in office actions, additional costs, or permanent loss of the registration. Our audits and reminders catch problems early and prevent filings that could jeopardize your rights.

Why Businesses Partner With Us for Renewals

Outsourcing renewals removes administrative burden and uncertainty. Deadlines are tracked. Fees are predictable. Filings are handled by professionals who focus on trademark compliance every day.

As portfolios grow, the service scales without added complexity. Long-term protection becomes routine rather than reactive. For many businesses, this continuity supports confident decision-making around branding and licensing.

When to Start Renewal Management

The ideal time to enroll is immediately after a new registration issue. It is also critical when approaching the five-year post-registration window or when expanding your trademark portfolio.

Businesses that license or franchise their marks benefit from consistent renewal oversight. For high-value brands, ongoing monitoring ensures nothing slips through unnoticed.

What to Know About Long-Term Brand Protection

Trademark renewal is not just maintenance. It is the preservation of ownership.

Delegating renewals to experienced professionals turns a compliance obligation into long-term security. Active registrations deter challengers and preserve leverage in disputes.

Ready to Secure Your Trademark Renewals?

Schedule your free virtual consultation with Indie Law:
https://www.indielaw.com/call/

All consultations are virtual, with no in-person meetings required.

This article is for general information only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need guidance specific to your trademarks, the Indie Law team is here to help.

 

What Is Trademark Law for Entrepreneurs?

Trademark law protects the names, logos, slogans, and designs that customers use to recognize your business. It gives you the legal right to control how those brand elements are used in commerce and helps prevent confusion in the marketplace.

For entrepreneurs, trademark law is less about paperwork and more about ownership. A protected brand becomes an asset you can grow, defend, and leverage as your business expands beyond one product, platform, or state.

This guide breaks down what trademark law actually means for business owners operating nationwide and why it matters early, not after problems show up.

Why Trademark Law Matters for Entrepreneurs

A strong trademark draws a clear line between you and everyone else. It tells customers who you are and signals consistency, trust, and accountability.

Without protection, competitors can edge closer to your name, visuals, or messaging. Customer confusion follows. Sales drift. Fixing the issue later costs far more than addressing it upfront.

Investors and partners also look for protected brands. Businesses that secure trademark rights early tend to scale faster and avoid costly rebrands when visibility increases. Trademark law connects your long-term vision to real-world protection.

How Trademark Law Works in Practice

Trademark rights develop through use, but federal registration strengthens those rights significantly.

The process typically includes:

Choosing a distinctive name, logo, or slogan that clearly identifies your business
Running a clearance search to avoid conflicts with existing marks
Using the mark consistently in connection with your goods or services
Registering the mark to establish nationwide enforceability and public notice
Monitoring and renewing the registration to keep it active

Using a mark in commerce can create limited common law rights. Federal registration expands those rights across state lines and gives you stronger tools if a dispute arises.

What Trademark Law Protects

Trademark law covers the identifiers customers rely on when choosing your business, including:

Business and product names
Logos, symbols, and visual branding
Slogans and taglines
Distinctive packaging or trade dress

Marks that are invented or unrelated to the product tend to receive the strongest protection. Descriptive terms can still qualify, but only after they become clearly associated with your brand through use.

Entrepreneurs who choose distinctive branding early save themselves years of legal friction later.

The Business Benefits of Trademark Protection

Trademark protection goes beyond stopping copycats. It creates leverage.

Protected brands are easier to defend, easier to license, and more attractive to investors. They support expansion into new markets without forcing a name change or redesign halfway through growth.

Trademarked businesses also retain stronger customer loyalty and benefit from faster enforcement when infringement occurs. With virtual legal support, protection is accessible no matter where you operate.

Common Trademark Mistakes Founders Make

Many entrepreneurs skip clearance searches and discover conflicts only after investing in branding. Others choose names that are too generic to protect. Some miss renewal deadlines and unintentionally lose nationwide rights.

Most of these issues are avoidable. Starting with proper searches, documentation, and strategy makes the difference between smooth growth and expensive corrections.

What Entrepreneurs Should Take Away

Trademark law defines who owns a brand in the marketplace. Acting early protects revenue, credibility, and future expansion. The strongest brands are built with legal clarity from the start.

If you’re ready to define your trademark protection, guidance matters.

Schedule your free virtual consultation with Indie Law:
https://www.indielaw.com/call/

All consultations are virtual, with no in-person meetings required.

This article is meant to share general information, not legal advice. Reading it doesn’t create an attorney-client relationship. If you’d like tailored help protecting your brand, our Indie Law Team is here to guide you.

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Your brand is your most important asset. Dive into Indie Law’s resources to guide you through the maze of trademark law and keep your brand safe from copycats and infringers!

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Did you know?

Without Trademarks, You Have ZERO Rights To Your Brand.

We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.

So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.

Wanna see it?

UH, YES PLEASE!