Stopping IP Infringement By Sellers On Online Marketplaces

If you’re an IP rights-owner, you need to be proactive to ensure that products sold on online platforms such as Amazon or Etsy don’t infringe your intellectual property rights.

These online platforms have processes to help protect IP-rights holders, but they can be difficult to navigate. You may also find that the scale of the problem is so great that you engage in whack-a-mole responses with no obvious return on investment and no end in sight. 

The other obvious problem is that infringing sellers who have had their accounts or listings suspended can quickly and easily set up new seller accounts and/or listings and carry on infringing.

If This Happens To You – What Can We Do To Help?

Tackling IP infringement by online sellers needs a strategic approach. We can help you assess the risk and loss being caused by the infringers and the likely return on investment (ROI) of the enforcement options available to you. We can then help you deploy a range of options designed to achieve maximum return on investment.

Some of the enforcement activities you can deploy in this context need advice from, and execution by, experienced IP disputes lawyers. However, many of the activities don’t, and the potential ROI of many of those activities don’t justify the use of expensive lawyers.

Our approach is for our lawyers to only work on tasks that need lawyer time. For other tasks that don’t need lawyer input, we’ve partnered with a take down specialist (LexDech) to execute. Lexdech are specialist take-down experts and can monitor listings on our behalf. This approach helps us to deliver the right solutions for you as cost-effectively as possible.

When lawyer time is needed, we’ll assess the likely ROI on any activity before advising you to go ahead. We always focus on your commercial objectives, not just the legal rights and wrongs of the situation.

Why Seek Help From Irwin Mitchell?

Having your IP rights infringed can be an emotional experience, as well as causing financial loss and potential damage to your reputation.

We’ll help you to keep perspective, adopt a rational and fully informed approach to the scale of the threat posed by the infringers, and help you strategise accordingly. We won’t propose solutions designed to generate fees for us. Our solutions are designed to deliver return on investment for you.

By partnering with LexDech we can deliver a cost-effective solution from the start of the process through to take down. We’ll encourage you to execute aspects of the strategy which you can do yourself, to keep costs as low as possible.

Contact Us

Please call our intellectual property team on 0808 271 2602 or contact us online to find out what we can do for you.

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"Irwin Mitchell were a great support at a very stressful time. My new business was subject to a copyright dispute just a few months into trading. Jasmine Fearnley's knowledge of how to deal with this issue filled me with confidence and she worked quickly and efficiently to secure a favourable outcome to my case, which was a great relief."

Online Retail Company
Legal 500 UK Leading Firm 2022

“The IP team at Irwin Mitchell is exceptional.”

Legal 500, 2022
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“I was impressed with Jasmine Fearnley's efforts to completely understand my situation, including the background and all potential outcomes, and believe that this was a key factor in the successful resolution of the issues I was experiencing. I wouldn't hesitate to recommend Irwin Mitchell - and Jasmine - to anyone who needed legal advice and representation.”

eBay seller

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