Someone Copied My Logo Colors and Style…Can They?

You picked your colors on purpose. Maybe it took weeks of tweaks to get the shade “just right.” You chose a font that felt like your brand. You built a website, packaging, or Instagram grid that looks like you. Until, a few days, weeks, months, later, you find yourself googling, “someone copied my logo colors and style…Can they?” The truth is…

Sometimes yes. Sometimes no. And the difference usually comes down to one concept most business owners haven’t heard of until it happens to them, which is called trade dress.

Trade dress is the overall look and feel of a brand that signals to customers where something comes from.

It can include things like:

color schemes used consistently in your branding or packaging
the layout of a product label or box
the “getup” of a restaurant (decor, menu style, uniforms)
the design of a website or app interface when it functions like branding
the overall presentation of a product that customers recognize as “yours.”

Think of trade dress like this: your logo is your face. Your trade dress is your outfit, your haircut, your voice, and the way you walk into a room.

If a competitor copies enough of that overall presentation, the law may treat it as brand infringement even if the logo is technically different.

“But they didn’t copy it exactly…” — why “close enough” can still be illegal.

A common myth is: “If I change it 20% it’s fine,” or “If it’s not identical, I’m safe.” Unfortunately, that’s not how these cases are evaluated.

The legal question usually becomes:

Will consumers likely be confused about whether the products or services come from the same source?

Trade dress claims typically focus on:

the overall impression
the similarity of the commercial look
whether customers are likely to assume affiliation, sponsorship, or connection

In other words, if the average customer is scrolling fast, not wearing their reading glasses, and making a quick decision, could they reasonably think that the competitor is you, related to you, or endorsed by you?

That’s where trouble starts.

The three big hurdles in a trade dress case

Trade dress can be powerful, but it’s not automatic. Generally, you must be able to show three things:

1) Your look and feel are distinctive

Your branding has to identify you—not just be generic or common in your industry.

For example:

A plain black-and-white minimalist aesthetic for a skincare brand may be too common to “own.”
A very specific, consistent combination of design elements that customers recognize as your brand can be distinctive.

Sometimes distinctiveness is “inherent” (it stands out immediately). Other times it’s acquired through “secondary meaning,” which is a fancy way of saying: customers learned to associate that look with you over time.

Signs you may have secondary meaning:

long, consistent use of the same look
strong sales and market presence
lots of advertising featuring the same visual presentation
customers, reviews, or media referencing your “signature” look
evidence of actual confusion (“I thought you two were the same company”)

2) The features they copied aren’t functional

This one surprises people. Trade dress can’t be used to lock up practical features that competitors need to compete.

If the “look” is really doing a utilitarian job, the law often says it’s functional—and not protectable as trade dress.

Examples that can be considered functional:

a packaging shape that’s designed to stack better or ship cheaper
a product design feature that improves performance
a layout that’s primarily about usability rather than branding

Brand identity is protectable. Useful engineering is not (at least not through trade dress).

3) There’s a likelihood of consumer confusion

This is the heartbeat of most trade dress disputes.

Courts look at factors like:

how similar the overall look is
whether you’re in the same market or selling to the same customers
where the products are sold (same stores? same platforms?)
the strength of your branding
evidence of actual confusion
whether the copying looks intentional

If the competitor clearly “borrowed” your visual identity to ride your momentum, that can matter.

You might be asking yourself, “What about color alone? Can you “own” a color?”

Sometimes. A single color can be protected as a trademark in certain situations, but it’s not easy. Color usually needs strong proof that consumers associate that color with one specific source. A more common real-world scenario is: not one color, but a specific palette used in a specific way, combined with other brand elements, creating a recognizable overall presentation. So if you’re thinking: “They used my exact teal-and-gold combo with the same clean serif font and the same packaging layout,” you may be describing trade dress more than a simple “color theft” issue.

If you’re dealing with this right now, don’t panic—and don’t wing it. Here’s a smart way to approach it:

1) Document everything (quietly and thoroughly)

take screenshots of their website, social pages, packaging, ads
capture dates where possible
save your own older versions showing your earlier use
keep customer messages showing confusion

Pro tip: don’t rely on “I can find it later.” Things disappear fast once someone gets a complaint.

2) Compare the overall impression, not tiny details

Ask:

If I removed the brand names, would this still look like me?
Would a customer scrolling quickly mix us up?
Are they copying multiple elements together (palette + layout + typography + packaging style)?

Trade dress is a “total package” analysis.

3) Check what protections you already have

You might have:

a registered trademark for your logo or brand name
copyright in specific artwork or illustrations
unregistered (common-law) trademark rights based on use
a broader trade dress argument based on consistent branding

Often the strongest strategy uses more than one legal angle.

4) Don’t send a heated message or public accusation

I understand the temptation. But public callouts can backfire:

it can escalate the dispute
it can invite a defamation claim
It can hurt settlement leverage
it can give them time to “clean up” evidence

Handle it like a professional—even if they didn’t.

5) Consider a lawyer-drafted cease and desist (strategic, not sloppy)

A good cease and desist letter isn’t just a threat. It’s a controlled message that:

lays out the legal basis clearly
demands specific changes
preserves your rights
avoids overstatements that can undermine you later

The wrong letter can do real damage—especially if it claims rights you can’t support or uses aggressive language that invites a fight.

6) If platforms are involved, use the right reporting tools

Some disputes can be addressed through platform procedures (especially if there’s trademark or copyright infringement). But trade dress is more nuanced, so you’ll want to position the claim correctly and support it with evidence.

Why having a lawyer matters (especially when the copy isn’t exact)

Trade dress disputes are rarely “slam dunk” situations. They’re fact-heavy, and the details matter.

How an attorney can help you in this situation:

identify the strongest legal theory (trade dress vs. trademark vs. copyright vs. unfair competition)
evaluate whether your brand look is distinctive and nonfunctional
build evidence of consumer recognition and confusion
avoid missteps that weaken your position
push for a solution that protects your market without draining your time

And here’s the part business owners appreciate most: you get to keep running your business while someone else handles the conflict.

The bottom line to this issue is if someone copied your logo colors and style “but not exactly,” they may still be crossing the line—especially if the overall look and feel is close enough to confuse customers. You don’t need to sit back and accept it. But you do need to approach it carefully, because the wrong move can turn a fixable problem into a costly mess.

If you’re dealing with a copycat brand situation and want a clear game plan, call Tucker Law at 1-800-TUCKERWINS. Our firm will help you understand your options, protect what you’ve built, and take action that makes sense for your business.