You invest weeks on an ideal design. You publish it on the internet; you are proud of your job. Then you see it on the web of another that has their name on it. The second thought that cross my mind was copyright claim.
This happened to me, and my heart sank.
What Is Intellectual Property Infringement?
A copyright claim is the legal step you take when someone copies, publishes, or profits from your original work without permission. IP infringement occurs when a person uses your creative work without authorization. This includes:
- Your photos or artwork
- Written content like blogs or books
- Music and videos
- Software code
- Business logos and designs
- Product ideas
I had been under the impression that large firms only handled this. I was wrong.
The Day I Found My Work Stolen
A year ago I designed a logo for my small business. I was so excited about it. The colors were perfect. The design felt just right.
Three months later, my friend referred me to a link. “Isn’t this your logo?” she asked.
There it was. My exact design on another company’s website. They were trading products using my logo. I felt sick to my stomach.
At first, I doubted myself. Perhaps it is because logos resemble? But no – this was identical. All curves, all color, all detail were the same.
Common Types of IP Theft I’ve Seen
Copyright Infringement This includes artistic productions such as writing, photographs and art. Someone steals your blog post and publishes it on his or her site. Or they use your photograph without permission.
Trademark Violations When another uses your business name or logo. This can lead to confusion of customers regarding the identity.
Patent Issues Not so common to everyday people, but it encompasses inventions and processes.
I have witnessed friends cope with all of these. It is not as unusual as you may suppose.
Warning Signs Someone Stole Your Work
- Your content appears on other websites
- People tell you they saw “your” work elsewhere
- You get messages about work you didn’t create
- Sales drop after competitors launch similar products
Sometimes you just stumble upon it by accident. That’s what happened to me.
What I Did (And What You Should Do)
Step 1: Take Screenshots I took pictures of all this. The stolen logo, their site and date stolen. You need proof.
Step 2: Check Your Rights Do you own the work? Can you prove it? I had my initial design files with timestamps.
Step 3: Try Talking First I wrote a plain email to them requesting them to stop. There are incidents where individuals are unaware of their wrongdoing. Perhaps somebody sent them the design and said that it was free to use.
They ignored me.
Step 4: Send a Formal Notice And here the serious business commenced. I made an official notice to cease using my logo.
Step 5: Get Help if Needed They may still refuse to listen, and that is where you may need a lawyer. Other lawyers have payment plans on smaller cases.
The Outcome of My Case
Six weeks later they came and removed my logo. They said it was a good-faith error. I do not know whether I believed that but I was glad I had my work back. The entire exercise was a stressor. I lost sleep over it. But I got to know I was to defend my work.
How to Protect Your Work
- Add copyright notices to your content
- Keep records of when you create things
- Register important works when possible
- Watermark images you share online
- Check regularly for copies of your work
I now look after my business name and pictures monthly. I can spend five minutes and it helps me relax.
The Emotional Side No One Talks About
It is personal when your work is stolen. It is not only the money, but that is also important. Somebody has stolen something that you have imagined. I was angry, sad, then determined. These feelings are normal.
Do not allow robbers to hold you back in creating. Your work is respected by most people. The handful who do not should not spoil it to the rest of the world. Also read How to Draft an Application for Service of Summons Through Newspaper Publication
Your creative work has value. You should be credited with what you create. Fight when someone wants to take it away. You need to remember it is not cruel to safeguard your intellectual property. It is being clever about your business, your art.
Connect with me on LinkedIn for legal drafting and other legal matters!
NOTICE OF INTELLECTUAL PROPERTY – TEMPLATE
INFRINGEMENT
TO: [Name of Infringing Party]
FROM: [Your Name/Company Name]
DATE: [Current Date]
RE: Unauthorized Use of Intellectual Property
CEASE AND DESIST DEMAND
This letter serves as formal notice that you are unlawfully using intellectual property owned
by [Your Name/Company Name]. This constitutes infringement of our intellectual property
rights.
DESCRIPTION OF INFRINGED WORK
Type of Work: [Copyright/Trademark/Patent]
Title/Description: [Specific description of your work]
Registration Number: [If applicable]
Date of Creation: [When you created the work]
Ownership: [Your name/company owns this work]
DESCRIPTION OF INFRINGING USE
Location of Infringement: [Website URL, physical location, etc.]
Nature of Infringement: [How they are using your work]
Date Discovered: [When you found the infringement]
Evidence: [Attached screenshots, photos, or other proof]
LEGAL BASIS FOR CLAIM
The unauthorized use of our intellectual property violates:
● [Applicable copyright law]
● [Trademark law if applicable]
● [Patent law if applicable]
We have not granted permission for this use, and no license exists for the infringing activity.
DEMAND FOR IMMEDIATE ACTION
We demand that you immediately:
- CEASE all use of our intellectual property
- REMOVE all infringing content from your website, products, and materials
- DESTROY any copies or reproductions in your possession
- CONFIRM in writing that you have complied with these demands
- REFRAIN from any future unauthorized use of our intellectual property
DEADLINE
You must comply with these demands within [Number] business days of receiving this
notice, by [Specific Date].
CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this notice:
● We will pursue all available legal remedies
● You may be liable for monetary damages
● You may be liable for attorney fees and court costs
● We may seek injunctive relief to stop the infringement
● You may face criminal penalties in cases of willful infringement
GOOD FAITH STATEMENT
I have a good faith belief that the use of the intellectual property described above is not
authorized by the copyright/trademark/patent owner, its agent, or the law.
ACCURACY STATEMENT
I swear, under penalty of perjury, that the information in this notice is accurate and that I am
authorized to act on behalf of the owner of the intellectual property rights that are allegedly
infringed.
CONTACT INFORMATION
Name: [Your Full Name]
Title: [Your Title if representing a company]
Company: [Company Name if applicable]
Address: [Your Mailing Address]
Phone: [Your Phone Number]
Email: [Your Email Address]
SIGNATURE
[Your Signature]
[Your Printed Name]
[Your Title]
IMPORTANT LEGAL NOTICE: This template is for informational purposes only and does
not constitute legal advice. Intellectual property law is complex and varies by jurisdiction. We
strongly recommend consulting with a qualified intellectual property attorney before sending
any legal notices, especially for valuable or complex IP rights. Laws regarding intellectual
property infringement, notice requirements, and remedies differ significantly between
countries and states.
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