Protection of Industrial Design Rights

VINCO’S Legal Company provides comprehensive legal protection to owners of industrial designs, designers, manufacturers, distributors, importers, brands and companies whose design solutions, product appearance, packaging, shape, ornament, composition or other visual elements are used without permission.

Protection of industrial design rights is needed when a competitor or another person copies the appearance of a product, packaging, label, furniture, clothing, accessories, equipment, container, interior element, advertising item or another object that has individual character and commercial value.

Such disputes require prompt fixation of the infringement, review of the industrial design certificate or application, comparison of the disputed products, collection of evidence of use, preparation of a claim letter and communication with the infringer, marketplace, customs authorities or court.

A lawyer’s assistance is useful not only when the dispute has already reached court. In many cases, a timely legal position helps stop the sale of copied goods, remove an infringement from a marketplace, secure evidence, block import of counterfeit goods or prepare the basis for further recovery of compensation.

• a competitor copied the appearance of a product, packaging, label, container, furniture, clothing, accessories or another item;
• a website, marketplace or social media page offers goods with a design similar to a registered industrial design;
• a manufacturer, supplier, distributor or former partner uses the design without the rights holder’s permission;
• it is necessary to stop production, import, sale or advertising of goods that infringe industrial design rights;
• a claim letter must be prepared for an infringer, seller, marketplace, manufacturer or importer;
• there is a dispute over ownership of rights to a design between a customer, designer, manufacturer or counterparty;
• evidence of infringement and a comparative analysis of products must be prepared;
• it is necessary to go to court to prohibit the use of the industrial design and recover compensation.

Protection of industrial design rights includes legal support in situations where the owner or rights holder of a design needs to stop unlawful use of a product appearance, remove copies from sale, block imports, recover compensation or defend rights in court.

VINCO’S analyzes the industrial design certificate, application materials, product images, priority date, term of validity, agreements with designers and manufacturers, actual use of the design, evidence of copied goods sales, advertising, marketplace pages, invoices, photographs, screenshots and other materials. After that, a legal position is prepared: a claim letter, attorney request, platform complaint, customs request or court claim.

• protection of the owner’s rights to an industrial design;
• termination of unlawful production, sale, import or advertising of goods with a copied design;
• removal of infringing goods from marketplaces, websites and social media;
• preparation of claim letters, demands, attorney requests and complaints to online platforms;
• comparative analysis of the registered industrial design and the disputed product;
• protection in disputes with manufacturers, designers, contractors, distributors and former partners;
• support in disputes concerning ownership of economic rights to a design;
• protection against counterfeit goods and unfair copying of a product appearance;
• preparation of the evidence base for court proceedings;
• court representation in disputes concerning infringement of industrial design rights.

In many industrial design disputes, effective pre-court resolution makes it possible to stop the infringement quickly without lengthy litigation. For this purpose, it is important to properly document the sale or advertising of the disputed product, confirm the validity of the client’s rights and prepare a legally substantiated claim.

A claim may include demands to stop manufacturing, importing, selling, offering for sale or advertising the goods, remove goods from a website or marketplace, provide information about suppliers and sales volumes, compensate losses or enter into a license agreement.

Industrial design rights are often infringed through online sales of copied goods. In such cases, it is important to promptly prepare a complaint to the marketplace, website administrator or social network and provide evidence of ownership of rights and the fact of infringement.

VINCO’S helps prepare complaints and requests to remove listings, block product cards, stop advertising, identify the seller and preserve evidence for further negotiations or court protection.

If the infringer refuses to voluntarily stop using the design or the dispute has significant commercial value, court proceedings may be an effective remedy.

In court, it is important to prove the existence of valid industrial design rights, the fact of use of the disputed product, its similarity to the registered design, the scope of infringement and negative consequences for the rights holder. Court protection may include claims to prohibit the use of the industrial design, remove goods from circulation, recover damages or compensation, and apply other remedies to restore the violated right.

A separate category of disputes concerns ownership of economic rights to a design. Such situations often arise between a customer and designer, manufacturer and contractor, business partners, employer and employee, or a company and a former counterparty.

VINCO’S reviews agreements, technical specifications, acceptance acts, correspondence, payments, terms of transfer of economic rights, scope of transferred rights, right to file an application and right to commercial use of the design. Based on the review, we determine who has the right to use the industrial design and what actions are needed to protect the client’s interests.

Proper fixation of evidence is crucial for protecting industrial design rights. An infringer may quickly remove goods from a website, change photos, hide the seller, modify packaging or stop advertising after receiving a claim.

• industrial design certificate, application materials, images and owner details;
• photographs of the original product and disputed goods;
• screenshots of websites, marketplaces, social media, advertisements and seller pages;
• evidence of purchase of the disputed goods, receipts, invoices, packaging and labeling;
• comparative analysis of the essential features of the industrial design and disputed product;
• evidence of production, import, sale, offer for sale or advertising of the goods;
• correspondence with the infringer, marketplace, supplier or distributor;
• evidence of damages, loss of customers, decrease in sales or reputational risks.

1. Initial consultation and identification of the industrial design rights infringement.
2. Review of the certificate, application, images, term of validity, agreements and design-related materials.
3. Comparison of the registered industrial design with the disputed product.
4. Fixation of evidence: photos, screenshots, sales pages, advertising, test purchase and documents.
5. Selection of an effective remedy: claim letter, negotiations, marketplace complaint, customs request or court claim.
6. Preparation of claim letters, attorney requests, complaints, demands or procedural documents.
7. Communication with the infringer, seller, manufacturer, marketplace, supplier or distributor.
8. Support of pre-court settlement and negotiations on termination of infringement or compensation.
9. Preparation and filing of a court claim where necessary.
10. Court representation and support of enforcement or practical termination of the infringement.

• industrial design certificate or information about a filed application;
• images, description, application materials and details of the rights owner;
• photos of the original product, packaging, label or other design object;
• links to websites, marketplaces, social media or advertisements where the disputed design is used;
• screenshots, photos, videos, receipts, invoices or other evidence of sale of the disputed goods;
• information about the infringer: name, website, account, store, contact details or other data;
• agreements with designers, manufacturers, contractors, distributors or partners;
• evidence of the client’s commercial use of the design;
• information about damages, loss of sales, reputational risks or other consequences of the infringement;
• a factual timeline with dates, persons, goods, sales channels and previous communications.

• improper fixation of online evidence may complicate later court protection;
• without comparative analysis it is difficult to prove similarity between the disputed product and the industrial design;
• delay may lead to removal of goods, changed photos, hidden seller information or loss of evidence;
• an incorrect complaint to a marketplace or platform may not produce the expected result;
• unsubstantiated demands may weaken the rights holder’s negotiation position;
• without contract review it may be difficult to confirm who owns the rights to the design;
• independent negotiations with the infringer may disclose excessive information or weaken the evidence position.

VINCO’S helps owners of industrial designs, manufacturers, designers, brands, importers and distributors protect rights to the appearance of products, stop unlawful copying, remove infringements from online resources, prepare the evidence base and represent the client in negotiations or court.

The goal is not only to prepare documents, but to achieve a practical result: stop the sale of copies, terminate use of the design, protect the commercial value of the product, obtain compensation and minimize the risk of further copying.