Business & company

Someone copied my brand, product or content, or took my business secrets

Brand and IP cases are about proving you were first and showing the copying clearly.

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What the law says

Trademarks, copyright and designs are protected by statute; unregistered brands can still be protected through passing off. Post-employment non-compete clauses are generally unenforceable in India, but confidentiality obligations can be enforced.

General information, not legal advice.

Papers that usually help

Trademark/design registration certificate or application
Basis of infringement action.
Proof of earliest and continuous use: invoices, ads, packaging, dated web pages
Decides priority and passing off.
Sales figures and marketing spend
Needed for passing off.
Dated screenshots, URLs, test purchases and invoices of the copy
Shows what is copied and where.
Instances of customer confusion (messages, reviews, misdirected orders)
Strong evidence in brand cases.
Original files with creation dates (source files, drafts, code repos)
Proves authorship in copyright cases.
Employment/consultancy agreement with confidentiality clauses; exit records
Basis for action over secrets.
Evidence the data or clients were taken (access logs, client messages)
Supports injunction.

Questions Saboot will ask you

What was copied or taken?
Is your brand or design registered?
Since when have you used it?
Where is the copy being used?

Sources

Common situations

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