A suspicious offer on a marketplace is not automatically counterfeit. To request its removal or court action, the holder must identify the affected right, document the offer, and show why the use is unauthorized. A quick reaction helps preserve digital evidence, but the available measures and their conditions vary.
Check the law and keep the evidence
Before filing a request, the holder and the scope of protection of the trademark, design, patent or copyright invoked must be verified. In the case of trademarks, the protection relates to the registered trademark and the products or services for which it is protected; the use of a similar sign is not sufficient in itself, but the conditions provided by law must be analyzed.
Keep the URL of the offer, the date and time of access, full screenshots, the product description and photos, the seller's public data, the price and, if possible and legal, documents regarding an order. Separate the proof of your right and the explanation of the comparison with the offer. Do not modify the images or pages collected; credible documentation can count in the platform's proceedings and before the court.
Notification to the marketplace
Use the platform’s official form for reporting intellectual property infringements. Clearly identify each offer and the right invoked, attach relevant documents, and explain why the product or trademark would infringe the right. The Digital Services Regulation requires hosting providers to have a mechanism through which sufficiently precise and substantiated notifications can be submitted. The platform evaluates the report in accordance with the law and its procedures; the notification does not guarantee the removal of the ad, the account’s blocking, or the disclosure of the seller’s private data.
Temporary measures in court
Trademark law allows the holder or authorized person to request provisional measures if they present credible evidence of an actual or imminent infringement and the risk of irreparable harm. The court may, among other things, order the temporary prohibition or cessation of the infringement and measures to preserve evidence. The request must be supported by documents and adapted to the specific law invoked.
The presidential order in the Code of Civil Procedure is a separate procedure: the court may take interim measures in urgent cases, if there is a prima facie case and it is necessary to prevent imminent harm or preserve a right. The measure is not granted automatically, and the procedure should not be presented as a guaranteed solution for any online offer.
The seizure of collateral is not the same thing
The seizure of collateral aims to make the debtor’s assets unavailable to secure a monetary claim. According to the Code of Civil Procedure, the conditions usually include the existence of a claim and the initiation of the action; in certain situations, a deposit is required. It does not replace the specific measures for industrial property to stop a violation or preserve evidence. The choice of procedure depends on the specific objective and the available documents.
A practical action plan
- It confirms the invoked right, the holder and its territorial coverage.
- Archive the offer and the the evidence in a dated and verifiable form.
- Send a precise notification through the official channel of the marketplace.
- Evaluate with a specialist whether the conditions for interim measures in court are met, and separately for compensation or attachment.
Attractions: Law no. 84/1998, consolidated form, including articles 39 and 112; Code of Civil Procedure, Articles 359, 953 and 997; Regulation on digital services, Art. 16.
Informative material; the appropriate procedure is determined based on the law invoked, the evidence, and the platform involved.
