Rightsholder's checklist: what to do upon discovery of an infringement

In practice, many companies make one of two mistakes: they either file a complaint emotionally without proper preparation or put the issue off until later. Below is a practical checklist for the right holder that will help prepare evidence and increase the chances of successfully resolving the infringement.

Step 1. Don't rush to file a complaint immediately

The first reaction of many brands is to immediately file a complaint with the marketplace. However, doing so without preparation is risky. A product listing can change quickly: the seller might remove mentions or images of the brand from the description, replace product photos, adjust the title, or take the item off sale entirely.

If evidence is not documented beforehand, it will be much harder to prove the violation later.

Step 2. Determine whether this is actually a violation

Not every suspicious seller automatically violates rights. Several scenarios are most common on marketplaces:

• Counterfeit – the product imitates original goods and uses the brand illegally;

• Illegal use of a trademark – the seller uses a designation without the right holder's permission;

• Content copying – original product photos, descriptions, or the brand's corporate identity are used;

• Parallel import – original goods are sold, but outside the official distribution network.

The more accurately the situation is classified, the higher the likelihood of a correct defense strategy.

Step 3. Record the violation

This is one of the most important stages and, at the same time, the most underrated. The right holder's task is to preserve the maximum amount of information before communication begins.

In particular, it is necessary to record the link to the product listing and screenshots of pages where the following are mentioned:

• product name;

• product description;

• its photos;

• price and SKU;

• seller details.

It is especially important to save pages with evidence of exactly how the trademark is used (the location of the brand usage) – in the name, characteristics (description) of the product, or in images. If the infringement is serious or could potentially escalate into a dispute, the documentation must be as complete as possible.

Step 4. Check the brand documents

Before filing a complaint, make sure you have documents "at hand" that confirm the rights to the brand. For instance, the exclusive right to a trademark can be confirmed, in particular, by a relevant certificate, while the right to use a trademark can be confirmed by a license agreement.

If the complaint is filed not by the right holder but by their representative, a power of attorney or another document confirming their authority will be required.

If the brand is active on marketplaces, it is better to prepare the entire set of documents in advance and monitor their validity (expiration dates of brand rights, powers of attorney, etc.).

Step 5. Prepare a reasoned complaint

The more specific the description, the easier it is for the marketplace to make a decision. Ensure that the information provided in the complaint is logically structured.

For example, specify the following in sequence:

• which object the complainant holds rights to and which document confirms this;

• exactly how the applicant's intellectual property is being used;

• why this use is unlawful: signs indicating an infringement.

Step 6. Track the result

After filing a complaint, the work usually doesn't end. It is important to check:

• whether the listing has been removed;

• whether the brand usage has ceased;

• whether the disputed product has reappeared;

• whether the seller has created a new listing.

Step 7. Assess the scale of the problem

If the violation is an isolated incident, the situation can be resolved relatively quickly.

However, if you notice that sellers regularly reappear, the number of product listings grows, and counterfeit goods spread systematically, it is no longer a one-time incident but an ongoing brand protection task. In this case, a manual approach quickly begins to lose its effectiveness.

This is why some companies are moving toward a more systematic model involving automated monitoring and centralized case management.

For example, ZIPDetect allows you not only to find potential violations but also to manage complaints and legal issues within a single service.

Brief Right Holder Checklist

If everything is reduced to a single algorithm, then when a violation is detected, you should act as follows:

1. Do not file a complaint immediately, but verify whether it is indeed a violation;

2. Fully record the information about the violation – the disputed product and the seller;

3. Prepare documents confirming the rights to the intellectual property;

4. Send a reasoned complaint, accompanying it with the necessary evidence;

5. Check the result of the platform's response to the complaint;

6. Check for re-postings of the disputed content and assess whether the problem has become systemic.

When a violation is detected, the main thing is not the speed of reaction itself, but the sequence of actions. The better the right holder records the violation, confirms their rights, and structures further work, the higher the probability of quickly removing the problematic listing and reducing the risk of the violation reappearing.

Brand protection on marketplaces has long ceased to be a one-time task. For many companies, it is already a full-fledged risk management process, and it is a systematic approach that yields the best results here.