Evidence Preservation for IP Disputes

Why preserve evidence early

Evidence gathered as soon as you spot something suspicious is generally more reliable than evidence gathered later, because material like a website page, a sale listing, or an ad post can be taken down or edited at any time. Preserving evidence systematically with clear dates from the start keeps that material from being lost, regardless of which route you ultimately take.

Examples of evidence to consider gathering

What's relevant varies with the specifics of your case. Common examples include:

• Screenshots: of the relevant website page, sale listing, social media post, or online storefront.
• URLs and dates/timestamps: record the full link and the date and time you found it, alongside every screenshot.
• Product photographs: from every relevant angle, showing the details you believe are at issue.
• Packaging and labeling: photos of the box, labels, and any accompanying documentation.
• Invoices or proof of purchase: showing the date, price, and source of purchase.
• Seller information: whatever you can identify — store name, contact details, or listed address.
• Advertisements or marketing material: showing or referencing the suspected product or service.
• Marketplace listings: including listing numbers, the platform storefront name, and relevant reviews, if any.
• Related correspondence: emails, chat messages, or any communication relevant to the matter.
• Physical samples: preserved in their original condition where practical, if the sample is directly relevant.

Not every case needs all of the above. What's appropriate depends on the specifics of your case and the type of right involved.

Preserving evidence ≠ proving infringement

The single most important point in this article: preserving evidence is one step, separate from proving that infringement actually occurred. Systematically gathering potentially relevant material doesn't mean that material is sufficient or weighty enough to prove infringement in court. Assessing whether the evidence you have is sufficient requires both a detailed understanding of the scope of the right allegedly infringed and legal expertise — which is why a professional should review your evidence as part of the assessment.

How to organize what you gather

General practices that make evidence more reliable include recording the date and time alongside each piece of evidence, keeping original files rather than only cropped or edited versions, and organizing evidence chronologically or by topic so it's easy to find later. If you're not sure how to organize evidence for your situation, you can consult a professional at this stage too.

Next steps after gathering evidence

Once you've gathered initial evidence, the next steps usually involve assessing ownership and the scope of your right, and considering whether to communicate with the suspected party. See the full overview in What to Do When Your IP Is Infringed and Cease & Desist Letters for IP Infringement.

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