Definition

An infringement action is the legal proceeding brought by an IP rights holder (trademark, patent, design, copyright) against the unauthorised use of their title. See also counterfeiting.

Procedure

• Preliminary evidence: bailiff, screenshot, test purchase
• Saisie-contrefaçon (in France): conservatory measure to gather evidence
• Cease and desist letter with a deadline
• Court action before the competent court (TJ Paris for EU trademarks)
• Main hearing, sometimes preceded by interim proceedings

Possible sanctions

• Immediate cessation of the disputed use
• Damages (sometimes substantial)
• Confiscation and destruction of counterfeit goods
• Publication of the judgment
• Criminal sanctions possible (up to 4 years imprisonment, EUR 400,000 fine)

Building the case

A solid action relies on a valid registered title, documented monitoring and time-stamped evidence. Coordination with external counsel is smoother with shared IP software.