Complex protection from IP infringers

How we can help?

1. Drafting / checking of documents confirming your IP ownership. You should be able to prohibit the use of IP by others and defend yourself in disputes. To do this, you need to have confirmation that you own IP rights. That is why it is crucial to study how the product was created exactly, i.e. only by employees, exclusively by the outsourced third parties or by a mixed team. Depending on this, as well as the existing documents, an individual package of supporting documents is formed that is right for you.

2. Registration of trademarks. You can register the name of the product, the names of its items, characters, logos, slogans, etc. using national or Madrid systems. If this is not done, then others may get ahead of you and register a similar trademark for the goods and services you need. This will allow such trademark trolls to drag you into a legal dispute and/or make money from you. The absence of registered trademarks will also complicate the fight against violators both at out-of-court pre-trial and court stages. Our team highly recommends registering the trademarks in the jurisdictions where the majority of users live or where funds come from.

3. Registration / deposit of other IP-assets. You can do this with the game characters, design, source code, applications, websites, databases, audiovisual works, important screenshots, game mechanics and more. Registration / deposit allows you to record the moment of creation of an asset, simplify interaction with any hosting, registrars, stores, third-party platforms, and will act as an excellent confirmation of the company's rights to IP-items. Depositing can be done through the US Library of Congress, the China Copyright Protection Center, the local government agencies, and commercial depositories such as INTEROCO but not only it.

4. Exclusion from search results. Much depends on the rules of the particular search engine, but, as a rule, this can be done in cases of fraud or illegal use of the content, including IP infringements. Please note that this measure hides the website from users when searching but does not delete the website itself.

5. Filing of complaints. Complaints can be submitted to different parties, hosting providers, servers, registrars, payment systems that provide financial flows for violators, stores, and other platforms. Complaints will work great, for example, in cases involving inappropriate content, malware, phishing, scams, when IP infringements take place. As regards the platforms, it is possible to rely on the US Digital Millennium Copyright Act (DMCA) and the EU Digital Services Act (DSA). All such instruments will help to block the illegal resource and deprive it of the necessary partners who ensure its activity.

6. Government Relations. We actively cooperate with government agencies and use the opportunities provided by them. In many countries, it is possible to attract the attention of one or another regulator, which, as a result, can help with the official blocking of the resource or with bringing violators to justice.

7. Blocking accounts and groups on social networks. The list of actions here mainly depends on which social network the illegal product is being promoted on. In some cases, it is easier to act through its administration, and in some cases directly through the violator. Our team develops an individual approach taking into account all the circumstances of the case.

8. Sending a cease and desist letter. This measure will allow you to demonstrate that you are aware of violations, point out possible negative consequences, and also demand to stop the illegal use of your product in a pre-trial manner. With the help of this letter, you can notify the violator that there is a risk of contacting various state bodies and initiating criminal proceedings (if applicable).

9. Going through the Uniform Domain-Name Dispute-Resolution Policy (UDRP) process. It is an excellent tool that can be used before the court stage. If there are signs of unfair domain registration and some specific circumstances, you as a trademark owner can use UDRP procedures to take away the domain name of a violator by contacting a specialized authorized organization similar to an arbitration court (i.e. approved dispute-resolution service provider).

10. Taking interim measures and applying to the court for blocking and receiving compensation. Many countries allow the resource to be temporarily blocked while the case is being considered in court. If the violation is confirmed, the blockage may become permanent. This measure can be relevant for domain-name disputes too.

11. Bringing administrative or criminal responsibility. In extreme cases, when other methods of struggle have been exhausted, we can help you to try to bring the violator to justice. This may entail not only blocking and fines, but also more severe penalties, including imprisonment. However, the possibility of using this method of solving the problem should be evaluated in each individual case.