This section captures comprehensive identification details about the infringing party and the digital platform hosting the unauthorized content. Accurate metadata ensures proper service of process and platform compliance with takedown requests.
Infringing Entity Type
Registered Business Entity
Individual/Sole Proprietor
Anonymous/Unknown Actor
Multiple Entities
Legal Business Name (as appears in registration)
Individual's Full Legal Name
Describe Investigation Steps Taken to Identify Entity
List All Identified Entities with Roles
Primary Trading Name or Alias Used
Full Physical Address(es) Associated with Entity
Primary Contact Email
Phone Number (with country code)
Website URL or Domain Name
Platform Name (if third-party hosted)
Specific Account/Store Identifier
Date and Time of Initial Discovery
Discovery Method (select all that apply)
Internal Brand Monitoring Software
Customer Complaint
Competitor Tip
Manual Search
Automated Web Crawler
Marketplace Alert
Legal Watch Service
Other
Specify Other Discovery Method
Geographic Scope of Infringing Activity
Global/Multi-Regional
North America
South America
European Union
United Kingdom
Asia-Pacific
Middle East & Africa
Specific Country
Specify Country
Has forensic evidence been preserved using chain-of-custody protocols?
Describe Preservation Method and Storage Location
WARNING: Immediate evidence preservation is critical. Proceed to preserve all digital evidence using forensically sound methods before proceeding with this form.
Upload Archived Evidence Package (ZIP with screenshots, WHOIS records, page source)
Estimated Number of Infringing Listings/Posts Identified
Precise identification of infringed assets and their registration status determines available enforcement remedies and statutory damages eligibility. Provide complete registration details for all jurisdictions where protection is claimed.
Primary Asset Category
Registered Trademark
Unregistered Common Law Mark
Copyrighted Work
Patented Technology
Trade Secret
Industrial Design
Database Right
Multiple Categories
Trademark Registration Number
Evidence of First Use in Commerce and Geographic Extent
Copyright Registration Number (if registered)
Patent Number(s)
Describe Measures Taken to Maintain Secrecy
Complete separate fields for each asset category below.
Exact Asset Name/Title as Registered
Detailed Description of Asset and Its Commercial Use
IP Registration Details by Jurisdiction
Jurisdiction | Registration/Application Number | Registration Date | Expiry/Renewal Date | Is Registration Current? | ||
|---|---|---|---|---|---|---|
A | B | C | D | E | ||
1 | United States | USPTO: 5,123,456 | 6/15/2020 | 6/15/2030 | Yes | |
2 | European Union | EUIPO: 018123456 | 3/22/2021 | 3/22/2031 | Yes | |
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Date of First Use in Commerce (for common law rights)
Upload Certificate of Registration or Proof of Ownership
Is the asset subject to any existing licenses or third-party rights?
Describe License Scope and Restrictions
Confidentiality Classification of This Asset
Publicly Disclosed (e.g., published patent)
Internal Use Only
Confidential (NDA required)
Strictly Confidential (Attorney-Eyes-Only)
Detailed characterization of infringement scope and quantification of commercial harm is essential for determining damages, selecting remedies, and justifying enforcement budget. Provide specific metrics where available.
Type of Unauthorized Use (select all that apply)
Direct Counterfeiting/Reproduction
Trademark Infringement (confusingly similar)
Unauthorized Distribution/Sale
Derivative Work Creation
Unauthorized Adaptation/Modification
Reverse Engineering
Misappropriation in Advertising
Domain Name Cybersquatting
Social Media Impersonation
Software Piracy
Describe Quality Differences or Safety Risks of Counterfeit
Explain Nature of Derivative Work and Modifications Made
Infringing Domain Name(s)
Is the infringing use explicitly commercial (i.e., generating revenue)?
Financial Metrics of Infringing Activity
Metric Type | Quantity/Count | Estimated Value | Period End Date | ||
|---|---|---|---|---|---|
A | B | C | D | ||
1 | Units Sold/Downloads | 1250 | $62,500.00 | 1/15/2025 | |
2 | Advertised Price per Unit | 1 | $50.00 | 1/15/2025 | |
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Explain Non-Commercial Use and Why It Still Causes Harm
Estimated Reach: Number of Views/Impressions (if visible)
Estimated Direct Revenue Loss to Company
Estimated Brand Dilution/Reputation Harm Value
Cost of Remediation (monitoring, legal fees to date)
Damage Calculation Summary
Damage Category | Amount | Supporting Evidence Reference | ||
|---|---|---|---|---|
A | B | C | ||
1 | Direct Revenue Loss | $150,000.00 | ||
2 | Brand Harm | $75,000.00 | ||
3 | Remediation Costs | $12,000.00 | ||
4 | TOTAL ESTIMATED DAMAGES | $237,000.00 | ||
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Evidence of Willful Infringement (select all that apply)
Explicit 'Brand Name' used in product title
Exact logo reproduction
False claims of authorization
Continued activity after notice
Use of anti-detection methods
Registration of similar domain
Pattern of multiple infringements
No indicia of good faith
Date Infringement First Began (if estimable)
Date of Last Confirmed Infringing Activity
Are there multiple third-party distributors/resellers involved?
Describe Distribution Chain and Identify Intermediaries
This section tracks pre-litigation enforcement actions. Systematic documentation of C&D and DMCA processes is critical for establishing willfulness, demonstrating reasonable enforcement efforts, and qualifying for safe harbor protections.
Has any prior communication been sent to the infringer?
Communication History Log
Date Sent | Communication Type | Sender | Delivered? | Response Received? | ||
|---|---|---|---|---|---|---|
A | B | C | D | E | ||
1 | 1/10/2025 | Informal Email | IP Manager | Yes | ||
2 | 1/20/2025 | Formal C&D Letter | External Counsel | Yes | ||
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No prior communication indicates this is a first-contact enforcement action. Recommend immediate C&D or DMCA filing depending on asset type and platform.
Cease-and-Desist (C&D) Letter Status
Not Applicable (proceeding directly to DMCA)
Drafted but Not Sent
Sent - Awaiting Response
Sent - Response Received (Compliant)
Sent - Response Received (Non-Compliant)
Sent - No Response (Expired)
Response Deadline Date
Describe Compliant Actions Taken by Infringer
Summarize Non-Compliant Response or Counterclaims
Date Response Period Expired
Does the infringement involve copyrightable content eligible for DMCA takedown?
DMCA Takedown Notice Status
Not Yet Filed
Filed - Awaiting Platform Review
Filed - Platform Complied (Content Removed)
Filed - Platform Rejected (Counter-Notice Filed)
Filed - Platform Rejected (Other Reason)
Not Applicable (platform is non-US or non-compliant)
Date/Time Filed with Platform
Date/Time of Platform Compliance
Has infringer filed a DMCA counter-notice?
Counter-Notice Received Date
Platform's Stated Reason for Rejection
Platform Terms of Service Violations (select all that apply)
Prohibited Items Policy
Intellectual Property Infringement Policy
Counterfeit Goods Policy
Impersonation Policy
User Misrepresentation
None Identified
Unknown
Platform Response to Direct Contact (if any)
No Contact Attempted
Responsive - Removed Content
Responsive - Refused Without Explanation
Responsive - Requested More Information
Unresponsive
Platform Claims Safe Harbor Immunity
Document Platform's Refusal Rationale
Describe Additional Information Requested
Recommended Immediate Enforcement Action
Issue Formal C&D Letter
File DMCA Takedown Notice
Initiate Platform Complaint Process
Proceed to Litigation Filing
Escalate to Law Enforcement
Monitor and Reassess
Urgency Level for Action (1=Low, 5=Critical)
Enforcement Action Timeline & Responsibility Matrix
Action Item | Responsible Party | Target Completion Date | Requires External Counsel? | Estimated Cost | ||
|---|---|---|---|---|---|---|
A | B | C | D | E | ||
1 | Draft C&D Letter | In-house Legal | 1/25/2025 | $0.00 | ||
2 | File DMCA Notice | IP Manager | 1/22/2025 | $0.00 | ||
3 | File Trademark Infringement Suit | External Counsel | 2/15/2025 | Yes | $50,000.00 | |
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Final authorization requires comprehensive risk assessment and strategic alignment with corporate IP enforcement policies. This section ensures proper oversight, budget approval, and documentation of enforcement rationale for audit and governance purposes.
Internal Review Status
Preliminary Assessment
Under Review by Counsel
Approved for Action
Rejected - Insufficient Evidence
Rejected - Not Strategic Priority
On Hold - Pending Further Investigation
Formal Approval Date
Describe Evidence Gaps
Explain Strategic Rationale for Non-Enforcement
Risk Assessment Matrix
Very Low | Low | Moderate | High | Very High | |
|---|---|---|---|---|---|
Likelihood of Successful Enforcement | |||||
Potential for Counterclaims | |||||
Reputational Risk of Action | |||||
Financial Cost vs. Recovery | |||||
Precedent Value for Future Cases |
Recommended Enforcement Strategy (select all that apply)
Soft C&D (cooperative tone)
Aggressive C&D (litigation threat)
DMCA Takedown Only
Platform Complaint Only
File Formal Lawsuit
Seek Emergency Injunction
Criminal Referral
Alternative Dispute Resolution
Budget Authorization Request
Cost Category | Approved Budget | Actual Spend to Date | Cost Center Code | ||
|---|---|---|---|---|---|
A | B | C | D | ||
1 | External Legal Fees | $75,000.00 | $0.00 | CC-IP-2025 | |
2 | Investigative Services | $15,000.00 | $2,500.00 | CC-IP-2025 | |
3 | Court Filing Fees | $5,000.00 | $0.00 | CC-IP-2025 | |
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Approving Counsel Full Name
Counsel Bar Number and Jurisdiction
Digital Signature of Approving Counsel
Final Approval Timestamp
Confidentiality Level of This Enforcement Matter
Internal Use Only
Attorney-Client Privileged
Strictly Confidential (Litigation Hold)
Public Record (Intended)
I confirm that all information provided is accurate to the best of my knowledge and that enforcement action aligns with corporate IP policy and applicable ethical guidelines.
To configure an element, select it on the form.