Recovery from infringers and defence against claims
Someone else’s use of a brand and content is stopped faster through the platform than through the court, while a claim against the company itself most often lacks the evidence it relies on. We handle both sides: the demand and the response to it.
What is included
- Evidence of rights, including an unregistered commercial designation and logo
- A record of the infringement suitable for use in court, with the page address and the time of inspection
- A request to the platform for out-of-court settlement of the dispute with the infringer
- A claim with a calculation of compensation matched to the actual use
- A response to a claim against the company, setting out what the claimant has failed to prove
Case study
A claim of 80,000 roubles over a photograph, taken apart on six grounds
The request
An educational organisation received a claim from the trust manager of a photographer’s rights: 80,000 roubles for an image on a page of its website, or 100,000 if the matter went to court.
What we did
We prepared a response that took the claim apart on six grounds: the disputed work is not identified, authorship and ownership of the right at the date of the infringement are not confirmed, the claimant’s authority is not proven, no record of the infringement is provided, the proper defendant is not established, and the amount of compensation is not substantiated. Separately we attached a web analytics report for the disputed page: 17 visits and 10 visitors in four years, 8 of those visits on the day the claim was sent.
The result
No payment was made; the demands were rejected as incapable of being considered on the merits until evidence is provided. The period of 10 business days stated in the claim did not shorten the thirty-day period set by law.
Solve your matter
Tell us about your situation — we will offer a concrete solution.