How to prove intellectual property infringement on a marketplace

Detecting intellectual property infringement on a marketplace is only half the battle. It is much more difficult to substantiate the infringement in a way that ensures the marketplace actually takes action and protects the rights holder.

Many rights holders face the same situation: the infringement seems obvious (the product is labeled with someone else's brand, the product listing looks suspicious, etc.), but the complaint yields no results or is rejected. More often than not, the reason lies not in the platform's stance, but in an insufficient evidence base.

What rights in general can be violated on a marketplace

When people talk about intellectual property infringement on marketplaces, they usually mean the illegal use of a trademark. However, in practice, the range of violations is broader.

For example, the following may be infringed upon on marketplaces:

• trademark rights, including original branding elements;

• rights to geographical indications and appellations of origin;

• copyrights to product photos and descriptions;

• industrial design rights;

• trade name rights.

For instance, a seller might not use the brand name directly but may copy photos, the branded design of a product listing, or visually imitate the original product.

Therefore, the first step is to correctly identify exactly what has been infringed.

Step 1. Confirm your rights

The marketplace will not consider a claim based solely on an allegation of infringement. It is important for the platform to receive confirmation that the applicant actually holds the rights to the intellectual property.

The set of documents confirming the rights depends on the type of intellectual property. For example, the exclusive right to a trademark is confirmed by its registration certificate, while rights to copyright objects can be confirmed, in particular, by documents proving the creation of the object (an author's commission agreement, etc.) or a certificate of deposit. If the object is used not by the right holder themselves but with their official consent, the rights can be confirmed by a license agreement, etc. If the complaint is filed not by the brand owner but by a representative, confirmation of their authority is usually required.

Many entrepreneurs encounter their first problem precisely at the stage of confirming rights. For example, in a situation where a brand has been used for a long time, but the trademark has not yet been registered. In this case, protection tools may be limited because, unlike copyright objects, rights to a trademark and certain other intellectual property objects arise from the moment of state registration.

Step 2. Document the violation before filing a complaint.

One of the most common mistakes is sending a complaint without fully documenting the violation. The problem is that the disputed product listing can change or disappear at any moment; the seller may quickly edit the description or change the image after the initial claims. To eliminate doubts about the existence and nature of the identified violation, it is important to record this fact in advance and preserve the evidence.

The minimum set usually includes links and screenshots of the disputed product listing (image, price, article number, description) and the seller's details.

If the violation concerns a trademark, it is important to separately record exactly how the designation is used: in the name, description (specifications) of the product, or in its image. The more detailed the documentation, the less likely a dispute will arise over "what exactly was posted at the time the complaint was filed."

Step 3. Show the fact of the violation itself

Here, rights holders often make a strategic mistake and limit themselves to a general statement: "The seller is illegally using my brand." For a marketplace, this is usually not enough.

It is important to demonstrate the logic of the violation, for example:

• If a trademark is being used illegally: it is necessary to explain that the designation is registered as a trademark and the seller is using it without the rights holder's permission;

• If it concerns counterfeit goods: you need to show that the disputed products show signs of being non-original and/or the seller lacks authorization;

• If copyrights are violated: it is useful to compare the original images and their first publication date with the copies in the product listing.

The more specific the argumentation, the higher the probability of a positive decision.

Step 4. Consider the difference between a violation and a dispute.

Not every unpleasant case is automatically considered an infringement - rightsholders often confuse counterfeiting, parallel imports, the resale of original goods, and other scenarios. If a seller is selling original products, a trademark infringement complaint may prove weak. Conversely, a seller might technically avoid direct use of the brand while still creating the impression of an association with the rightsholder - and this is already grounds for legal protection. Therefore, it is crucial to correctly categorize your situation before filing a claim.

Why marketplaces sometimes refuse

Most common reasons for rejection:

• Insufficient evidence;

• The violation is described in general terms rather than specifically;

• Disputed legal status of the product;

• Delay in recording the violation (the listing has already changed, the seller deleted the product, or changed the content of the disputed material).

However, even the successful removal of a listing rarely means a final solution to the problem, as unscrupulous sellers often create new listings (re-post the product), change the product name, use a different account, etc. Therefore, the protection of intellectual property rights is gradually becoming a continuous monitoring process rather than a one-time legal task.

Many rightsholders are moving toward a systematic approach, where it is important not only to find violations but also to centrally manage documentation, complaints, and legal support. For example, ZIPDetect helps build this process more consistently, especially if violations occur regularly.

Thus, when proving an intellectual property rights violation on a marketplace, it is important to convincingly demonstrate which rights belong to the rightsholder, exactly how they are being violated, and by whom. Three things play a key role here: confirmation of rights, high-quality documentation of the violation, and correct legal classification of the situation. The better the evidence base is prepared, the higher the likelihood that the marketplace will not just review the complaint but actually take action.