How to gather digital evidence for court in an online counterfeit case

Why it is important to collect evidence immediately

Unlike traditional trade, the digital environment is constantly changing. An infringer can delete a product listing, change the description, replace photos, or completely close a "store" within minutes of receiving a complaint. If evidence was not saved in time, proving the fact of infringement becomes significantly more difficult.

The earlier the right holder records the infringement, the higher the probability of successfully removing the counterfeit product, filing a claim against the seller, and recovering compensation through court, as well as establishing a link between multiple infringers.

What evidence do courts accept

In disputes over trademark protection and the fight against counterfeiting, several types of evidence are typically used simultaneously.

1. Screenshots of pages containing the infringement

This is the most common method of documenting an infringement, where it is important to preserve the full URL of the page, as well as the date and time of capture.

When a suspicious product listing is discovered, it is advisable to record the maximum amount of information, specifically by taking screenshots of:

1. the product name and SKU;

2. the brand under which the product is positioned;

3. visual content (photos) of the product;

4. product descriptions and specifications;

5. the price of the product;

6. information about the seller;

7. customer reviews, especially if they note discrepancies in product quality, packaging, etc.

In practice, incomplete documentation of infringement information is one of the main difficulties when preparing claims and lawsuits. Thus, the more information displayed in a screenshot, the higher its evidentiary value.

2. Archived copies of pages

In addition to screenshots, it is useful to save full versions of pages. This method allows for the confirmation of the product listing's content and details that might not have been captured in an image, even if the listing is later deleted or modified.

3. Correspondence with the seller

If the right holder has contacted the seller directly, it is necessary to save messages, emails, responses to claims, and marketplace notifications. Such correspondence can confirm the infringer's awareness of the illegal use of the brand.

4. Trademark documents

The basis of any dispute is documentation confirming the rights to the brand. Depending on the situation, these may include:

• a trademark certificate of national or international registration;

• an assignment agreement for the exclusive right;

• a license agreement under which the licensee obtained rights on an exclusive license basis;

• a simple (non-exclusive) license, but accompanied by a power of attorney from the right holder granting the licensee the relevant authorities.

Without confirmation of the rights to the brand (trademark), it is impossible to file a claim for its protection and, consequently, to prove the fact of infringement.

When a test purchase is necessary

In some cases, it is not enough to prove the use of a trademark on a product page. It is necessary to confirm that counterfeit products are actually being delivered to the buyer. For this purpose, a test purchase is conducted.

After receiving the goods, it is recommended to keep:

• the cash receipt;

• the packaging;

• shipping documents;

• product photos;

• an unboxing video;

• product labeling.

A test purchase allows for obtaining the most convincing evidence of infringement and often becomes a key argument in a legal dispute.

Is a notarial inspection of a website necessary?

Notarial preservation of evidence is used in cases where there is a risk of rapid information deletion. A notary records the content of a page as of a specific date and draws up an official report on the inspection of the internet resource. Such a document carries high evidentiary weight and helps reduce the likelihood of disputes regarding the authenticity of the materials presented.

Notarial inspection is most commonly used in major legal disputes, mass violations, cases involving significant amounts of estimated compensation, and for documenting violations on independent websites and social networks.

Typical mistakes of rightsholders

Even if a violation has occurred, companies often lose the ability to effectively protect their rights due to mistakes at the evidence collection stage.

The most common of these are:

1. Relying on a single screenshot

2. Failure to conduct a test purchase

3. Late recording – the product listing may disappear before the claims process begins.

4. Lack of systematic monitoring

How automation helps collect evidence

Modern brands are increasingly using automated monitoring of marketplaces and other online platforms. Such systems make it possible to promptly identify new infringements, save the history of product listings, record changes in descriptions, collect data on sellers, and track repeat violations. Automation significantly reduces the time between the detection of counterfeit goods and the start of legal action, and also helps build a structured evidence base for claims and litigation.

Conclusion

In counterfeiting cases, it is not only the discovery of the infringement itself that is crucial, but also the quality of the evidence collected. Screenshots, archived web pages, test purchases, correspondence with sellers, and trademark documents make it possible to build a solid position for brand protection. The faster the right holder records the infringement and the more comprehensive the evidence base, the higher the chances of successfully removing counterfeit products and holding the infringer liable, including recovering compensation for the unauthorized use of the trademark.

FAQ

Are regular screenshots sufficient for court?

Screenshots can be used as evidence; however, in most cases, it is recommended to supplement them with other materials: archived copies of pages, a test purchase, correspondence with the seller, and a notarized inspection of the website. A comprehensive set of evidence significantly increases the chances of a successful case outcome.

Is it necessary to conduct a test purchase for every violation?

Not always. If the violation relates solely to the illegal use of a trademark in a product listing, a test purchase may be unnecessary. However, if counterfeit sales are suspected, purchasing the product often becomes the most convincing evidence.

What should be done if the seller deleted the product listing after a complaint?

This is exactly why it is important to record the violation immediately upon discovery. If screenshots, page copies, and other digital evidence have been saved, the deletion of the listing does not deprive the right holder of the opportunity to file a claim or go to court.