Online infringement: preserving evidence

When suspected infringement appears online, preserve facts before the page changes or disappears. Record the exact content, address, date and identity information available. Separate suspicion from a concluded legal assessment, then compare the activity with the rights the business can actually establish.

Keep purchase evidence, customer reports and communications where relevant, using lawful and proportionate methods. Do not alter screenshots or create a misleading chronology. Review the platform's applicable procedure and obtain advice before making public accusations or threats that could create additional issues.

Preserve the visible material before making contact

Record the full page address, platform, seller or account name and date of capture. Save the relevant page context as well as the disputed image, wording or listing. A cropped screenshot may show similarity while omitting information that explains the use. Keep originals and add explanatory annotations to separate copies where needed.

If the content changes, preserve both versions with their dates. Record redirects and related listings where they are relevant, without assuming every similar account has the same operator. The evidence should establish what was observed, not a speculative network of identities assembled from weak similarities.

Match the suspected use to a specific right

Identify whether the issue concerns a trade mark, copyright, design or another right. The IPO's enforcement guidance distinguishes different forms of infringement and available response routes. ^[1] A listing can raise more than one issue, but each needs its own rights and use assessment.

For copyright, obtain the original work and evidence of ownership or authority to act. Creation and contractual arrangements matter, particularly for commissioned photographs or designs. ^[2] A business should not submit a complaint claiming ownership simply because the material appears on its own website. Check the licence and contributor chain first.

Keep a factual comparison and chronology

Describe the relevant similarities and differences, publication dates and commercial context. Separate direct observation from customer reports or inference. If customers report confusion, preserve their actual communication and identify the circumstances. Avoid editing their words to make the allegation stronger or presenting an unverified report as an established fact.

Where a purchase is relevant, use lawful proportionate methods and retain the listing, order confirmation, payment and received item. Obtain advice on what evidence is needed before incurring unnecessary cost. Do not bypass access controls or impersonate another person to gather material. Evidence collection should not create a separate legal or credibility problem.

Assess the platform process before submitting a report

Read the applicable reporting requirements and identify the right, owner and exact content complained of. A marketplace copyright form may not be the appropriate route for a company-name disagreement. Supply accurate information and only the evidence needed for the process. Keep the submitted complaint and platform response.

A takedown or account action is a platform outcome, not necessarily a final legal determination. The other party may respond or challenge the report. Do not promise that a successful form submission guarantees permanent removal, compensation or a finding of infringement. Review the wider position if the activity continues through another listing or channel.

Choose communications with legal advice where needed

Define the desired outcome: removal, correction, licence, undertaking or damages assessment. Consider whether direct contact, mediation, platform action or legal proceedings fits the situation. The IPO guidance identifies a range of responses and encourages appropriate professional help. ^[1] The choice should follow the evidence and commercial objective.

Avoid unsupported public accusations or threats. Some IP communications can create legal issues of their own depending on their content and context. Obtain advice before sending a broad demand that exceeds the rights the business can establish. Keep communications coordinated so marketing staff and advisers do not send conflicting accounts.

Protect ongoing business operations

If the suspected use misleads customers, consider factual guidance about genuine sales channels and payment details. Avoid disclosing sensitive evidence publicly simply to demonstrate concern. Coordinate any fraud, data or product-safety reporting separately where the facts raise those issues. An IP complaint does not automatically resolve every connected risk.

Monitor the specific material and record meaningful developments. Do not collect excessive unrelated personal data about suspected operators. The evidence file should remain focused enough for an adviser to understand the right, alleged activity and outcome sought without sorting through speculative material.

Read Domain names and trade mark disputes for domain disputes. IP ownership review can help establish ownership and permissions supporting a potential claim; enforcement strategy and formal complaints should be separately scoped to the actual right and platform or legal route.

Illustrative scenario

A brand owner finds a marketplace listing using its product photographs and a similar logo. It saves the listing and seller details, identifies the original image files and gathers its licence and trade mark records. The adviser can then assess the separate copyright and brand issues and select an appropriate response.

Preparation checklist

• Capture the full address, date and relevant page content.
• Keep original files and ownership evidence.
• Record customer reports as reports, with their source.
• Assess the right, jurisdiction and remedy before submitting a complaint.