Takedowns and Enforcement Notices

What it does

When a detection needs action, we turn it into a notice, a letter or a complaint and keep the proof. That covers the practical steps after monitoring: choosing where to report, preparing the document, securing the evidence and following the outcome.

The whole thing is built around the attorney. We prepare the documents; the attorney checks the facts and the legal basis, and only an attorney sends. That matters because an unfounded notice can expose a brand owner to claims from the seller, or damage the relationship with a platform.

Functions

Notice workflow

We prepare a notice for the marketplace, registrar, host or platform that can remove the content. It carries the detection, your details as right holder and the registered rights the notice relies on. Then it goes to an attorney for review and release. Replies and results are recorded with the case.

Evidence pack

Every action comes with an evidence pack: captures of the listing, site or account, the data collected about it, and a trusted timestamp that fixes when they were made. The point is to be able to show later what was online on a given day, to a platform, a panel or a court.

Directory of reporting routes

We keep a directory of the reporting routes of a large number of marketplaces, including platform programmes such as Amazon Brand Registry, eBay VeRO and Meta's IP reporting. For a given platform the attorney sees where and how to report, so the notice meets that platform's requirements.

Enforcement documents in four languages

We draft in English, Dutch, French and German: cease-and-desist letters, takedown notices, DMCA notices, platform reports, oppositions and customs applications. The attorney adapts and approves the draft. A letter to a local seller and a notice to an overseas host can come from the same file.

The directory is only a starting point. Programmes change their requirements, so the attorney checks the current form before sending and records which route was used.

UDRP and URS complaints

For domain names, we prepare the complaint packet for WIPO or the Forum. It maps each element of the policy, such as the trademark rights, the lack of legitimate interest and the bad faith, to the evidence that supports it. The attorney reviews and files the complaint. The tests are explained in the article on the UDRP and domain name disputes.

Customs applications

For counterfeit goods, we can prepare an application for action under Regulation (EU) 608/2013 from your portfolio. This part is limited in scope, and the attorney completes it.

Where a lawyer checks: the attorney verifies that the right holder details and registered rights in the notice are correct, that the evidence shows the use complained of, and that the seller isn't an authorised reseller, because a notice against a lawful seller can create liability. Notices that rely on a doubtful claim aren't sent.

What you receive

You get the notice or letter as sent, the evidence pack behind it, and a record of the platform's reply. For a domain name you get the complaint packet and, later, the decision.

We can't promise how a platform will respond. Each platform applies its own rules and some require registered rights. What you can rely on is that an attorney reviews every notice, it rests on documented evidence, and it can be traced afterwards.

A matter from start to finish

You confirm a detected counterfeit listing in the portal. We make the evidence pack, with captures of the listing, the seller page and the price, and a trusted timestamp. The directory shows the marketplace's reporting route, we draft the notice with the registered rights, and the attorney checks and sends it. The marketplace's reply is recorded. If the seller reappears, we use the earlier file for a cease-and-desist letter, and if a domain name is involved, for a UDRP complaint packet.

Where it is used

This completes brand monitoring and online enforcement: detections from our online brand monitoring lead to notices, and the article on how brand monitoring works explains the legal basis. It's also the base of domain name disputes, where the complaint packet is used under the UDRP, the URS or the .be and .eu procedures. The notices and letters themselves are prepared in our Document Studio, from the evidence already on file.