WHAT CAN I DO IF SOMEONE INFRINGES MY COPYRIGHT?
If you think that someone has infringed your copyright the first step is usually to get some legal advice to make sure that you have correctly understood the situation and your rights. The next step would usually be to see if you can resolve the issue by agreement.
When clients have engaged me on copyright infringement matters I would usually write a formal cease-and-desist letter to the other side. If the case concerned a lookalike product I would generally require the other side to comply with certain demands by a fixed date. This would commonly include delivery up of the infringing product; payment of damages or profits on the sale of infringing product and the payment of legal costs.
If the cease-and-desist letter approach was unsuccessful then court proceedings could be considered along with mediation. Where there is an urgent need to bring the case before the Court, generally because serious damage is being caused in the market, an application for