Trademark and design infringement
Evidence for infringement and passing-off actions that counsel can rely on, and monitoring after the order to keep it effective.
Evidence for infringement and passing-off actions, with monitoring after the case.
When a competitor or seller uses a mark, design or trade dress that confuses customers, the strength of the case depends on evidence: of use, of sale, of confusion and of the defendant's scale.
We gather that evidence through market enquiries, test purchases, documentation of sales and promotion, and records of customer confusion where they exist. Investigators prepare affidavits for the proceedings and support counsel through interim and final hearings.
After an order is granted, we monitor the market and online channels for continued or renewed infringement, so that breaches can be brought back before the court.
A competitor or seller is using a mark, design or trade dress that confuses your customers.
Signs we see most often
- 01A competitor uses a mark, name or logo similar to yours.
- 02Packaging, colours or product shapes copy your trade dress.
- 03Customers or dealers have mistaken another product for yours.
- 04A registered design is being copied.
- 05A court order is in place, but you suspect it is being breached.
Scoped in writing, run by one accountable team.
Every engagement starts with agreed questions, a reporting line and a confidentiality protocol. The steps below are how this service usually runs; we adapt them to your matter.
- 01AssessReview your rights and the infringing use with counsel.
- 02InvestigateEstablish who is behind the use, where and at what scale.
- 03EvidenceMake test purchases and document sales, promotion and confusion.
- 04AffidavitPrepare investigator affidavits for filing.
- 05SupportSupport counsel through interim and final hearings.
- 06MonitorWatch for breaches of the order after it is granted.
Evidence for infringement and passing-off actions that counsel can rely on.
- An infringement evidence pack
- Investigator affidavits
- Test-purchase records and product comparisons
- Profiles of the infringing parties and their scale
- Post-order monitoring reports
The law and frameworks this work is aligned to
- Trade Marks Act, 1999 ss.29, 134 and 135
- Passing off, preserved by Trade Marks Act, 1999 s.27(2)
- Designs Act, 2000 s.22
- Copyright Act, 1957 s.51 for artwork and labels
- Commercial Courts Act, 2015
References show the standard the work is built to. They do not imply accreditation or endorsement by the bodies that publish them.
This is a summary of the service. For a deeper understanding of how it would work for your organisation, please reach out to us.
Talk to a BDI partnerWhere this service meets BDI's technology.
The platforms below record, monitor or act on the work this service produces.
Questions clients ask before we start.
Do we need a registered trade mark to act?
Not always. Unregistered marks can be protected through a passing-off action, although registration makes the case simpler. Counsel will advise on the best route.
What evidence matters most?
Evidence that the defendant is using a similar mark or design in trade, the scale of that use and, for passing off, your goodwill and the likelihood of confusion.
What if the order is ignored?
Monitoring documents any breach, and counsel can bring it back before the court for contempt or further relief.