Court Representation in Intellectual Property Disputes

VINCO’S Legal Company represents clients in court disputes concerning the protection of intellectual property rights: trademarks, copyrights, computer programs, industrial designs, inventions, utility models, domain names, commercial designations, know-how and other intellectual property assets.

Court protection in intellectual property matters is needed when an infringer refuses to voluntarily stop using an IP object, ignores a claim letter, continues selling counterfeit goods, uses a brand or work without permission, challenges the client’s rights or creates business risks.

Such cases require not only a legal position but also a proper evidentiary strategy: fixing the infringement, proving ownership of rights, assessing damages or compensation, preparing procedural documents, working with expert evidence, preserving evidence and representing the client in court.

Going to court is appropriate when pre-court settlement has not produced a result or when the infringement is systematic, commercial or reputational. In such situations, it is important not to delay because the infringer may delete evidence, change a website, stop sales on one platform and continue them on another.

• a trademark, logo or business name is used without the owner’s permission;
• a competitor copies a brand, design, packaging, website, advertising materials or commercial designation;
• the infringer sells counterfeit goods through a website, store, social media or marketplace;
• a copyrighted work, photograph, video, text, design, software code or database is used without permission;
• a former employee, contractor or partner appropriates the result of creative or technical work;
• rights to a computer program, IT product, SaaS solution, platform or digital service are infringed;
• there is a dispute concerning an industrial design, invention, utility model or patent rights;
• it is necessary to prohibit use of the object, recover compensation or damages, or stop product sales;
• the client needs to defend against unfounded claims, lawsuits or challenges to registration.

Court protection in intellectual property includes a set of actions aimed at restoring the violated right, stopping unauthorized use of an IP object, prohibiting further infringement, removing counterfeit goods from circulation, recovering compensation or damages and protecting the business reputation of the client.

VINCO’S reviews title documents, certificates, patents, agreements, licenses, rights assignment acts, evidence of use, online infringements, advertising materials, screenshots, correspondence, financial documents and other evidence. After that, a litigation strategy is prepared: identifying the defendant, claims, remedies, evidence base, risks, amount of claims and procedural position.

• representation in disputes concerning trademarks, brands, logos and commercial designations;
• representation in disputes concerning copyrights, works, photographs, videos, texts, designs and content;
• protection of rights to computer programs, software code, IT products, databases and digital platforms;
• court protection of rights to industrial designs, inventions and utility models;
• protection in disputes concerning domain names, websites, marketplaces and online sales;
• recovery of compensation, damages or unlawful profits of the infringer;
• termination of unauthorized use of an intellectual property object;
• prohibition of production, sale, import or advertising of products that infringe the client’s rights;
• defence against lawsuits, claims and demands of other rights holders;
• challenging decisions, actions or inaction of authorities in the field of intellectual property.

Preparation for litigation begins with assessing the client’s legal position and the prospects of the case. It is important to determine which rights have been violated, who is the proper defendant, what evidence already exists, what additional evidence must be obtained and which remedy will be the most effective.

At this stage, VINCO’S lawyers check the validity of registrations, ownership of economic rights, license or copyright agreements, scope of transferred rights, actual use of the IP object, start date of infringement, sales channels, scale of infringement and the possibility of pre-court settlement.

In intellectual property disputes, a significant part of evidence may disappear quickly: a website may be changed, goods may be removed from sale, a social media page may be deleted, advertising may stop, and a marketplace may hide a product card. Therefore, it is important to fix the infringement in a proper form in time.

Where necessary, preservation of evidence or interim measures may be considered, including to stop product sales, prohibit use of the IP object, preserve evidence, prevent further spread of the infringement or minimize harm to the client before the final court decision.

The evidence base is a key element of court protection. It is not enough to state that a brand, work, design or technical solution was copied. It is necessary to prove the client’s ownership of rights, the fact of infringement, the link between the infringer’s actions and the consequences, and to substantiate the claims.

• trademark certificates, patents, copyright registration documents or other title documents;
• agreements on creation, transfer, assignment or licensing of intellectual property objects;
• screenshots of websites, marketplaces, social media, advertising accounts and seller pages;
• evidence of purchase of counterfeit or disputed goods: receipts, invoices, orders, packaging, photographs and videos;
• photographs, videos, technical documentation, mockups, files, source materials, repositories or history of creation;
• correspondence with the infringer, platforms, counterparties, contractors or website administrators;
• expert opinions, comparative analysis, specialist opinions or technical studies;
• financial documents confirming damages, lost sales, unlawful benefit or reputational consequences.

In many IP disputes, expert evidence and special knowledge are important. This may include studies of trademark similarity, comparison of a design or industrial design, software code analysis, establishing copying of a work, comparison of patent technical features or assessment of damages.

VINCO’S helps determine whether an expert examination is needed, what questions should be put to an expert, what materials must be prepared, how to assess the opposing party’s expert opinion and how to use special knowledge to strengthen the client’s court position.

Different remedies may be claimed in an intellectual property dispute depending on the object, the nature of the infringement and the client’s goal. In some cases, the key result is stopping the use of a brand or content, while in others it is recovering compensation, blocking sales, removing goods from circulation or defending against another party’s claims.

• recognition of infringement of intellectual property rights;
• prohibition of using a trademark, work, design, software product or technical solution;
• termination of sale, import, advertising or distribution of products that infringe rights;
• removal of counterfeit goods from circulation or termination of their sale;
• recovery of compensation, damages or other reimbursement;
• refutation of unlawful statements or termination of unfair actions of competitors;
• defence against unfounded lawsuits, claims or demands of other persons;
• support of enforcement of a court decision and practical termination of the infringement.

1. Initial consultation and identification of the intellectual property dispute.
2. Review of title documents, agreements, evidence of use of the IP object and factual circumstances.
3. Determination of the proper defendant, subject matter, remedy and court jurisdiction.
4. Fixing evidence of infringement: screenshots, website review, purchase of goods, photographs, videos, documents and correspondence.
5. Assessment of the need for a pre-court claim, negotiations, preservation of evidence or interim measures.
6. Preparation of the statement of claim, applications, motions, evidence, explanations and other procedural documents.
7. Representation of the client in court hearings and communication with other participants in the case.
8. Work with expert examinations, specialist opinions, technical materials and objections of the opposing party.
9. Preparation of the legal position at each stage of court proceedings.
10. Support of enforcement of the court decision or practical termination of the infringement.

• certificates, patents, copyright registration documents or other documents confirming rights;
• agreements with authors, employees, contractors, developers, designers, licensees or partners;
• materials confirming creation and use of the IP object by the client;
• information about the infringer: name, website, account, store, marketplace, contact details or registration data;
• links to pages where the disputed goods, content, brand, design or other object are placed;
• screenshots, photographs, videos, advertising materials, packaging, catalogues and commercial offers;
• evidence of purchase of goods or ordering of services from the infringer;
• correspondence with the infringer, platform, counterparty or other persons;
• financial documents confirming damages, lost sales or other consequences of the infringement;
• a factual timeline with dates, persons, actions of the infringer and previous communications.

• an incorrectly chosen remedy may lead to dismissal of the claim or loss of time;
• improper fixation of online evidence may complicate proving the infringement;
• mistakes in identifying the defendant or jurisdiction may delay the case;
• without reviewing agreements, it may be difficult to prove ownership of economic rights;
• an insufficiently substantiated amount of compensation or damages may be reduced by the court;
• missing procedural deadlines may limit available remedies;
• careless communication with the infringer may weaken the negotiation or court position;
• lack of an evidentiary strategy may result in a formal but ineffective court process.

VINCO’S helps business owners, authors, developers, manufacturers, rights holders, IT companies, brands and creative teams protect intellectual property rights in court, properly fix infringements, prepare the evidence base, build a strong procedural position and support the case until a practical result is achieved.

The goal is not only to file a lawsuit but to ensure real protection of the client’s interests: stop the infringement, halt the sale or use of the IP object, recover compensation, protect a brand, technology, content or other business asset and minimize the risk of repeated infringements.