Not long ago, we wrote about the importance of protecting your trademark by sharing the story of Warner Bros. cracking down on vendors selling knockoff Harry Potter products. Today, we bring you another case highlighting similar infringement for a very different company: Ancestry.
Ancestry has been building its reputation for over four decades. Founded in 1983, the company became a trusted source in genealogy and historical research well before it launched its flagship website, Ancestry.com, in 1995. Over the years, it has established itself as the global leader in family history services, supported by substantial investments in brand development, technology, and customer loyalty.
Not only is the name ANCESTRY® registered with the United States Patent and Trademark Office (USPTO) the company has also received trademarks for several logos, most of which are green and feature leaves. Collectively, this trade dress is widely recognized and carries significant brand equity.
That equity is exactly what was at stake when the company filed a federal trademark infringement lawsuit against MyAncestryAI.com earlier this year.
The Case: What Is Ancestry Complaining About?
Ancestry’s lawsuit alleges that MyAncestryAI is trading on the goodwill of the ANCESTRY® brand by using a confusingly similar name and domain as well as similar colors and logos. The legal complaint points to violations of the Lanham Act (for trademark infringement, false designation of origin, and unfair competition) as well as the Anticybersquatting Consumer Protection Act (ACPA).
Their concern is clear: a newcomer using “MyAncestry” as part of its business and domain name could easily mislead consumers into thinking it is affiliated with or endorsed by the established Ancestry brand. In fact, the complaint actually cites a Google search for My Ancestry AI that would seem to bolster this argument: the results – all displayed together – include links to:
- Ancestry’s official website
- My Ancestry AI’s website
- Both companies’ social media pages
- Ancestry’s own AI tools
Why This Matters: Protect Your Brand… Or Lose It
For trademark owners – even those with long-standing, well-known brands – enforcement is not optional. If you do not actively monitor and challenge confusingly similar uses of your trademark, you risk weakening your rights or even losing the mark entirely due to “naked licensing” or failure to police.
In legal terms, trademark protection is only as strong as the owner’s willingness to defend it. The Ancestry case illustrates this point well: the company moved quickly to protect its brand identity and prevent customer confusion before any further damage could occur.
Domain Name Confusion and the ACPA
Specifically, this case highlights how domain names play a critical role in brand protection. MyAncestryAI.com is not just similar-sounding – it is a domain name that directly invokes Ancestry’s core trademark.
Under the ACPA, using a domain name that is confusingly similar to a distinctive trademark can constitute cybersquatting. This is especially true if it appears designed to divert traffic, confuse consumers, or capitalize on the established brand’s reputation.
A Cautionary Tale for All Trademark Owners
This is not only a headline-grabbing lawsuit, but a valuable case study for any business that has built a strong brand. What are your responsibilities as a trademark owner?
- Monitor the marketplace for confusingly similar names, domains, and logos.
- Act promptly if infringement occurs. Delay can be used against you.
- Register your trademarks and maintain your rights through consistent use and enforcement.
- Do not assume similarity must be exact; even partial overlaps can support a claim of likelihood of confusion.
In the end, Ancestry’s proactive approach reinforces a simple truth: whether your business has been around for 40 years or just four months, the responsibility to police your trademark is yours alone, and the cost of inaction can be high. That being said, if Ancestry’s suit is successful, it could result in an injunction, monetary damages, and transfer of the infringing domain name.
Have questions about enforcing your trademark rights or suspect someone may be infringing on your brand? Get in touch. Early action is often the most effective (and least expensive) way to protect what you have built.