Last reviewed 10 September 2026
Finding your product photography, website copy, brand name or design in use by someone else is infuriating, and the temptation is to fire off an accusation the same afternoon. That is usually the moment mistakes are made.
Intellectual property in England and Wales is a set of separate rights rather than one general right to stop copying. Registered trade marks, copyright, registered and unregistered designs, patents, database rights and the law of passing off each work differently and each has its own requirements.
This guide is general information about responding to copying. It is not legal advice, and you should take advice on your own circumstances before making infringement allegations, because unjustified threats can carry consequences for the person making them.
Identify which right is engaged
A name or logo may be protected by a registered trade mark, and where there is no registration the law of passing off may still assist where goodwill, misrepresentation and damage can be shown. Website copy, photographs, drawings and software are typically protected by copyright, which arises automatically.
Product appearance may be protected by registered or unregistered design rights, and technical inventions by patents where one has been granted. Working out which right applies determines what you have to prove and what remedies are realistically available.
Check that you actually own it
Ownership is where many businesses find a gap. Work produced by an employee in the course of employment usually belongs to the employer, but material created by a freelance designer, agency or contractor often does not unless the contract assigned it in writing.
Check your contracts, commissioning terms and any assignment documents. If there is a gap, it can often be fixed by obtaining an assignment now, and that is usually worth doing before any action is taken.
Evidence the copying properly
Capture dated screenshots and full page captures, save the URLs, keep copies of listings and adverts, and preserve your own creation records such as original files with metadata, drafts, invoices and publication dates.
Records that show when your material was created and first published are the backbone of a copyright or design argument. Assemble them before contacting anyone, because material is frequently taken down once a complaint is made.
Choosing the response
Options include platform takedown and marketplace complaint routes, a letter setting out the rights and asking for specific undertakings, a negotiated licence where the use is one you would tolerate for a fee, or formal proceedings in the most serious cases.
Proportionality matters. Where the copying is by a small competitor and the commercial harm is limited, a firm but professional letter that asks for removal and confirmation usually achieves the practical outcome faster and far more cheaply than litigation.
Be careful how the complaint is worded
For certain rights, including trade marks, designs and patents, there are rules restricting unjustified threats of infringement proceedings, and a badly worded threat can expose the maker to a claim. That is a specific reason to take advice before writing.
Publicly accusing a competitor of theft carries additional risk. Keep the complaint private, factual and directed at the specific material, and avoid statements about the other business that go beyond what you can evidence.
Strengthening your position for next time
Consider registering the marks that matter in the classes you actually trade in, keep design records with dates, and make sure every contractor agreement assigns rights to the company rather than leaving them with the creator.
Keep an ownership register of the key assets: names, logos, product designs, code repositories and photography, with a note of who created each and where the assignment sits. It turns a scramble into a straightforward check next time.
Key points
- Different rights protect names, content, designs and inventions, with different tests.
- Confirm ownership, especially where freelancers or agencies created the work.
- Capture dated evidence of the copying and of your own creation history.
- Takedown routes and a measured letter resolve most cases.
- Unjustified threats rules apply to some rights, so wording matters.
- Register key marks and tighten contractor assignments to avoid a repeat.
Frequently asked questions
- Do I need a registered trade mark to stop someone using my name?
- Not always. A registration makes enforcement considerably easier, but where there is no registration the law of passing off may help if you can show goodwill in the name, a misrepresentation and resulting damage.
- A competitor copied our website text. Is that copyright infringement?
- Original written content is generally protected by copyright, so copying a substantial part without permission may infringe. Short factual phrases and common industry descriptions are much weaker ground.
- Our freelancer designed the logo. Who owns it?
- Often the freelancer, unless the contract assigned the rights to you in writing. If there is no assignment, obtaining one is usually the first practical step before enforcing anything.
- Can I just post about it publicly?
- It is rarely wise. Public allegations can create claims against your business and can also amount to an unjustified threat in relation to certain rights. A private, evidenced letter is the safer route.
- What outcome can I realistically expect?
- In most cases, removal of the material, written undertakings not to repeat it, and sometimes a payment or an agreed licence. Court proceedings are reserved for serious or persistent infringement.