Trademark Infringement in Advertising

A New York Business Guide to Safe, Legal Brand Advertising

When you run a business in New York, advertising isn’t optional. Whether you’re running digital campaigns across Manhattan or placing print ads in Albany, getting your brand out there is part of the job. But in the race to stand out, it’s easy to cross legal lines without realizing it. One of the most serious missteps? Trademark infringement. It doesn’t take much, a logo, a phrase, or even a product name used the wrong way can spark a legal battle. In New York’s crowded market, those battles can move fast and cut deep.

At Horn Wright, LLP, we help businesses across New York State protect their brand, reduce legal risk, and respond quickly if things go wrong. Our intellectual property attorneys know the difference between strong advertising and a legal liability. If your ad strategy puts your business at risk, we’ll help fix it so you can focus on growth, not court dates.

Understand What Counts as Trademark Infringement

Trademarks are more than logos. They cover names, slogans, product packaging, color schemes, and sounds that identify a business and distinguish it from others. When someone uses a mark that’s too similar to another company’s registered trademark, that’s when problems begin.

In New York, infringement happens when the use of a mark is likely to confuse consumers. It doesn’t need to be identical. It only needs to make a buyer think there might be a connection between two businesses. That confusion can damage the original brand’s reputation or sales, which opens the door to legal action.

You don’t need to be a big corporation to be at risk. A small bakery in Queens using a slogan too close to a national chain’s trademark can trigger the same legal scrutiny as a tech firm in Midtown. New York’s competitive markets mean brand overlap happens fast, and trademark owners often take quick action to protect their rights.

How Trademark Infringement Happens in Advertising

Infringement often shows up in advertising because that’s where businesses compete the hardest. Most business owners aren’t trying to copy anyone. But even accidental use of protected content can cause legal problems.

Examples of how it happens in New York advertising include:

• Using a logo that resembles a well-known brand on a Times Square billboard
• Mentioning another company’s trademarked product name in a sponsored Instagram post
• Running an ad on the MTA that uses a similar slogan to a competing business
• Including a branded hashtag in a Facebook ad for a new Albany-based service
• Reusing images from a national campaign that show trademarks without permission

Influencer partnerships also carry risk. If a Buffalo content creator promotes a product using a brand name without authorization, both the influencer and the business may be liable. This is especially risky on platforms like TikTok and YouTube, where content moves fast and gets shared widely.

Identify the Key Legal Standards in New York

Courts in New York apply the “likelihood of confusion” standard. This means they look at how similar two marks are, how closely the businesses compete, and whether customers might think there’s a connection between the two.

Key factors include:

• The strength of the original trademark
• The similarity in appearance, sound, or meaning
• The proximity of the products or services being advertised
• Actual evidence of consumer confusion
• The intent of the advertiser using the mark

These rules apply across the state, whether you’re dealing with disputes in Brooklyn or in a more rural area like Ulster County. Even unintentional similarity can lead to liability. That’s why it’s so important to check every name, slogan, and design element before launching a new campaign.

Spot the Risks in Local Advertising Strategies

Local businesses face special risks because they rely on regional marketing. These campaigns often feel informal, which can lower your guard. But the legal consequences are just as serious as those tied to national promotions.

Let’s say a Syracuse gym sponsors a youth basketball team and puts its logo next to one that closely resembles a national athletic brand. That could spark legal trouble. Or a Westchester coffee shop prints a slogan on its napkins that mirrors a trademark used by a larger chain. The problem is confusion.

Local strategies that may carry trademark risk:

• Advertising in community newspapers that feature competitor trademarks
• Using parody logos or stylized fonts on posters
• Co-branding events with businesses that hold trademarks
• Featuring local influencers who reference protected brand names

In areas like the Hudson Valley, where word-of-mouth and visual branding hold real power, small branding mistakes can spiral. The safest route is to assume everything you print, post, or promote could be seen as part of your brand, and scrutinized.

Examine the Financial and Legal Consequences

Trademark disputes in New York can move quickly, and the fallout isn’t just legal. It can get expensive and public. When a business gets accused of infringement, it often receives a cease-and-desist letter first. If the issue escalates, the case can land in federal court, including the Southern or Eastern Districts of New York.

Consequences include:

• Mandatory removal of all infringing ads
• Payment of damages, including profits made from the infringement
• Legal fees (sometimes awarded to the trademark owner)
• Loss of customer trust or reputational damage

In competitive cities like Manhattan or Long Island, even the appearance of dishonesty in advertising can hurt a business beyond the courtroom. Once a brand gets a reputation for crossing lines, rebuilding that trust takes time and money.

Use Trademark Disclaimers and Comparative Advertising Carefully

Disclaimers can clarify that an ad isn’t affiliated with a trademark owner, but in New York, they don’t always offer full protection. Courts evaluate whether the disclaimer truly prevents consumer confusion, not just whether it exists. Even a well-placed disclaimer may fail if the overall impression still suggests a connection between brands.

Comparative advertising is permitted in New York, but only when it’s accurate, fair, and avoids misleading claims. A weak or unreadable disclaimer, or a comparison that relies on vague or unverifiable statements, can lead to liability. Businesses must use clear language and strong context to prevent confusion. A headline that buries the truth in footnotes won’t hold up under scrutiny.

Steps New York Businesses Should Take to Stay Compliant

Preventing trademark infringement begins before the first draft of your campaign. It means building advertising strategies around original, legally safe content.

Here’s how New York businesses can reduce the risk:

• Work with a New York-based IP attorney before launching a major campaign
• Run trademark clearance searches on all names, slogans, and visuals
• Train marketing teams to spot possible infringement
• Review influencer agreements to ensure brand compliance
• Avoid parody logos or fonts that mimic known trademarks
• Keep records of all creative work and permissions

Ad agencies in New York City, creative teams in Buffalo, and marketing firms across the state should treat trademark checks as a core part of campaign planning. Prevention is faster and cheaper than a courtroom defense.

What to Do If You’re Accused of Infringement

Getting a cease-and-desist letter doesn’t mean you’re automatically guilty. But it does mean you need to act fast. Trademark owners take their rights seriously, and if they think your ad crosses the line, they may demand immediate changes or take you to court.

Your next steps should include:

• Consulting with a trademark attorney who understands New York advertising law
• Stopping use of the disputed material until you understand your options
• Reviewing all ad placements, including print, web, and social
• Gathering evidence that supports your creative decisions
• Communicating carefully and professionally with the trademark owner’s legal team

Early action helps you control the narrative. Waiting too long or responding without legal guidance can make things worse. New York courts often look at your response time when assessing your intent.

When Someone Else Uses Your Trademark in New York

If another business uses your mark in their advertising, you can act to defend your rights. New York law supports trademark holders of all sizes, offering clear tools to stop misuse and recover damages. Begin by collecting evidence, then consider sending a cease-and-desist letter or pursuing legal action if your reputation or sales suffer.

To avoid long-term harm, act quickly. Whether you run a local shop or a growing online brand, enforcing your rights can keep your identity intact and your customers confident in who you are. To better understand how to protect your trademark, follow key legal steps from the start. 

Protect Your Business by Advertising Smart in New York

New York’s advertising world moves fast. With that speed comes pressure, and with pressure, mistakes. But a single trademark mistake can cost your brand’s future. 

At Horn Wright, LLP, we help businesses across New York avoid those costly errors and fight back when needed. Our attorneys understand how advertising works in real-world New York markets, from Buffalo to the Bronx. 

If you’re unsure about a campaign, already facing a claim, or just want peace of mind, contact our team today.