When a competitor copies the appearance of your product, the first task is to identify which rights can be enforced and against whom. We advise on evidence, warnings, court proceedings and commercially workable remedies.
The decisions that matter
The registration drawings, rather than a later marketed version, define the starting point for a registered-design comparison. We assess the overall impression and the legal context, including relevant prior designs and the freedom available to the designer.
Preserve usable evidence
Keep dated screenshots, seller details, invoices, samples and the chain of purchase. An online image may not show the product from every relevant angle. Evidence should connect the accused product with the person or company against whom action is proposed.
Choose proportionate enforcement
Depending on the right and jurisdiction, options may include an injunction, information, damages, recall or destruction. Urgency, cost, solvency and the risk of a validity challenge all influence the strategy. Cross-border disputes require careful jurisdiction and territorial-scope analysis.
Scope, validity and responsibility
An infringement assessment asks more than whether two products look similar. Identify the protected design, its status, the relevant overall impression and the acts of the proposed defendant. Examine validity separately. The appearance of the rights holder’s current marketed product may differ from the registered views, and a claim should not silently substitute one for the other.
Evidence before the first demand
A reliable test purchase can establish the product, seller, delivery source and transaction date. Keep invoices, packaging and the sample together and record who handled them. Capture complete listings with URLs and dates. Where several sellers appear to share a source, identify the connection cautiously: identical photographs are an investigative lead, not proof that the businesses are legally the same.
Remedies and settlement terms
The available injunction, information, damages and corrective measures depend on the right and forum. Assess urgency, proportionality, recoverability and the likely validity response. A settlement should define affected products, deadlines, remaining stock, future modifications, costs and consequences of breach. A vague promise to stop copying may be difficult to apply to the next product generation.
Three enforcement strategies
A design owner may start with evidence against the importer supplying several retailers. A business facing repeated online listings may combine platform action with proceedings against an identified seller. Where a product is being withdrawn, a negotiated and monitored phase-out may address the commercial objective if its terms are legally and practically workable.
What we need to begin
Send the complete warning letter or court documents, registration details, the relevant product images and the dates when the conduct or demand became known. Include any imminent hearing, exhibition, shipment or platform deadline. Preserve the original documents and the product evidence; an initial enquiry does not suspend a legal deadline.
Scope, fees and next steps
We first identify the legal question and the information needed to answer it. The proposed scope distinguishes filing or analysis, office correspondence, negotiations and proceedings, together with official charges and any foreign-adviser work. You receive a matter-specific proposal before the agreed steps are taken. Where another jurisdiction is involved, we coordinate with local advisers as required.
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Legal resources
Official guidance and legal framework. The applicable right, filing date and jurisdiction determine the detailed rules. Editorial review: 11 November 2026.