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.

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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.

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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.

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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.

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“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.

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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.

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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.

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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.