The First Three Steps When You Encounter a Counterfeit

The first moves after spotting infringement directly shape the strength of the case you might later file. A rushed phone call or social-media DM can actually weaken your evidence.

1. Capture evidence — irreversibly

The instant you spot infringement, lock the proof down with a timestamp. Online: notarised screenshot capture. Physical store: purchase with invoice. Trade fair: stamped photographs. If the product disappears later, undocumented sightings will not save the case.

2. Pull your IP file together

Current registration certificate, registry extract, evidence of use (invoices, images, ad spend), prior correspondence — all in one file. If you can date the start of the infringement, include it: it directly affects damage calculation.

3. Decide settlement or litigation — before you act

The infringer may be a small dealer unaware they were sold infringing goods. A cease-and-desist letter plus negotiation can resolve such cases faster and cheaper than a lawsuit. Against a deliberate counterfeiter, parallel injunctive measures, criminal complaint and damages claim are required. Pick the path before you fire the first shot.