Intellectual Property Dispute Resolution on the Internet

Intellectual Property Dispute Resolution on the Internet: Jurisdiction and Security of Evidence

The digital environment has become the primary arena for intellectual property (IP) violations. Repeated cases of content theft, brand counterfeiting, and domain name hijacking have turned into a large-scale problem. The internet does not forgive naivety: protecting your rights is no longer a choice, but a necessity.

Detecting violations is easy; the difficulty lies in recording and substantiating those violations. Digital traces are left everywhere, but properly documenting evidence in legal terms requires serious professional training. Current copyright laws are outdated and poorly suited to the reality of instant information sharing and the lack of territorial boundaries online.

The traditional “detect violation – file a lawsuit” approach is no longer effective. A protection strategy must be built: continuous monitoring, swift response, evidence collection, complaint submission, and the use of international legal mechanisms. Successful business protection in the digital age requires clear systematic action and legal expertise.

Ensuring legal security online is not a one-time event, but a comprehensive set of measures, and it is difficult to handle this without legal assistance.

Why is it necessary?

Many entrepreneurs underestimate the consequences of online intellectual property violations. The first reaction is often to ignore it-but what does inaction actually mean in such cases?

Damage to brand reputation. In a highly competitive environment, business reputation is a critical resource. Unauthorized use of your content, design, branding, or domain can confuse customers and cast doubt on the authenticity of your company.
Financial loss. You invest time and money into building brand awareness. But each case of appropriation directly harms your investment.
Risk of the infringer obtaining IP rights. Inaction may lead to a paradoxical situation where the violator applies to register your development or visual identity as their own IP object. If they can provide evidence of "prior use," you risk losing the dispute.
Potential legal liability. If bad actors use your brand, logo, or design for illegal activities, injured parties may bring claims against you.

In what form can your rights be violated?

Unauthorized use of a domain identical to your brand name
Unauthorized use of trademarks (TMs) or creation of identical IP objects
Unauthorized use of copyrighted material, including software
Unauthorized use of industrial design, including unique website or app elements
Offering services under the guise of your company

What actions should you take?

Identify and Confirm the Violation

There is a common belief that protecting IP rights is simple: detect the violation and seek justice in court. In reality, things are far more complex. No universal procedure exists today. Every case requires an individual approach based on the nature of the infringement, jurisdiction, the violator's status, and your goals.
Choose the Appropriate Response Strategy

An effective protection strategy should be adaptive, involving various response methods. For example, if the violation is obvious but unintentional, a formal claim may be enough. A well-drafted cease-and-desist letter demanding termination of the violation, removal of materials, or compensation often resolves the issue quickly without prolonged litigation.
Conduct a Professional Legal Assessment

If the IP owner discovers an attempt to register a mark similar to their brand, it is more appropriate to approach relevant bodies, such as the World Intellectual Property Organization (WIPO) or national registration authorities.
Legal action

In cases of intentional replication, counterfeit products, fraudulent actions on behalf of your organization, or systematic infringement, legal action becomes inevitable.
Analysis of the case circumstances

At Law&Trust, our specialists begin with a thorough analysis of the case circumstances. We determine the scope of the violation and assess the likelihood of resolving the issue without court involvement.

How can Law&Trust help?

Whether you’re dealing with an isolated IP violation or conducting systematic online brand protection, you can count on our support.

Here’s what we can do for you:

Assess the risks and feasibility of dispute resolution
Conduct pre-litigation communication with the infringing party
Resolve trademark, copyright, and industrial design disputes via national offices and WIPO
Prepare oppositions and cancellation requests for trademarks and other IP objects
Draft legal documents and court filings, and represent your interests during litigation

You can contact us by phone or through our website.

F.A.Q.

What if the violator deleted the content?

Removing content does not eliminate the fact of the violation. The key is to ensure the violation was properly documented in time.

Can a social media platform assist in protecting rights?

Yes. Most major platforms have IP complaint mechanisms based on the DMCA or similar standards.

How do I determine jurisdiction if the violation occurred online?

This is one of the most complex issues. Generally, the lex loci delicti principle applies-the law of the country where the violation occurred. However, online, the “place” of violation is often blurred: the website may be registered in one country, hosted in another, and the violator based in a third.

Our clients