What can I do if someone copies my product or brand?
By SuLe · Updated 7 June 2026
Start by gathering evidence and identifying which right is affected, then escalate step by step: a solicitor's letter, platform or marketplace takedowns, UKIPO or domain complaints, and court only as a last resort. Move deliberately — a badly worded threat can backfire under the UK's unjustified-threats regime, so get advice before firing off a cease-and-desist.
Key facts
- Evidence first: screenshot and date the copying and identify the exact right affected.
- The UK has an unjustified-threats regime for trade mark, patent and design threats (Intellectual Property (Unjustified Threats) Act 2017).
- Takedowns via marketplaces, app stores and hosts are often faster and cheaper than court.
- A registered trade mark is far easier to enforce than an unregistered passing-off claim.
- Court (injunctions, damages) is the last step, not the first.
What should I do first if someone copies me?
Build an evidence file before you do anything else. Screenshot and date the copied product, listing, packaging, code or marketing, and keep copies of your own originals showing you came first.
Then pin down exactly which right is affected, because the route depends on it. Is it your copyright (code, designs, content), your registered trade mark (name, logo), or your confidential information? Each has a different enforcement path.
Resist the urge to send an immediate angry message. A calm, well-evidenced position is stronger, and — as below — an ill-judged threat can hand the other side a claim against you.
Should I send a cease-and-desist letter myself?
Be cautious. The UK has an "unjustified threats" regime under the Intellectual Property (Unjustified Threats) Act 2017: if you threaten someone with trade mark, patent or design infringement proceedings and the threat is not justified, they can sue you.
That is why a DIY cease-and-desist can be worse than doing nothing. A poorly targeted or overstated threat — especially one sent to a copycat's customers or suppliers — can turn you from claimant into defendant.
A solicitor's letter, properly drafted, avoids that trap while still carrying weight. It sets out the right, the infringement and what you want, in terms that press the point without crossing into an actionable threat. Treat any incoming threat the same way you would any legal letter — carefully and with advice.
Can I get a copy taken down without going to court?
Often, yes — and it is usually the fastest, cheapest route. Marketplaces, app stores, social platforms and web hosts run IP complaint and takedown processes, and domain disputes have their own procedures.
| Route | Best for | Speed / cost |
|---|---|---|
| Evidence gathering | Every case — do this first | Immediate, low cost |
| Solicitor's letter | A specific, identifiable infringer | Days–weeks, moderate |
| Platform / marketplace takedown | Copied listings, apps, counterfeits | Often days, low cost |
| Domain / UKIPO complaint | Domain squatting, bad-faith marks | Weeks, moderate |
| Court (injunction, damages) | Serious, high-value, ongoing harm | Months+, high cost |
For a clear counterfeit or a ripped-off listing, a takedown resolves things without lawyers on both sides. Enforcement is usually a ladder — start on the lowest rung that can fix the problem, and only climb when you must.
When is it worth going to court?
As a last resort, for serious cases where cheaper routes have failed or the harm is significant and ongoing. A court can grant an injunction to stop the infringement and award damages or an account of the infringer's profits.
The trade-off is cost and time: litigation is slow and expensive, and rarely proportionate for a small copycat you can knock out with a takedown. Reserve it for genuine threats to the business.
Your position is also much stronger with registered rights. A registered trade mark is far easier and cheaper to enforce than passing off, which requires proving goodwill, misrepresentation and damage — another reason registration pays off before any dispute arises.
Worked example
Priyanka sells a distinctive reusable-packaging product through EverWrap Ltd, with a registered UK trade mark on the brand. A seller on a large marketplace starts listing near-identical products under a confusingly similar name.
Priyanka does not fire off her own threat — she screenshots and dates the listings, then instructs a solicitor. Because she holds a registered trade mark, the solicitor files a marketplace IP complaint that gets the listing removed within days, and sends a properly drafted letter that avoids the unjustified-threats trap. The copycat backs off without litigation. Total cost is a fraction of a court claim, and Priyanka's registered mark did most of the heavy lifting.
Where founders go wrong
Firing off a DIY cease-and-desist.
An unjustified threat can let the other side sue you — get it drafted properly.Not gathering evidence first.
Undated, un-saved proof weakens every route you might take later.Jumping straight to court.
Takedowns and letters resolve most copycats far faster and cheaper.Relying on an unregistered brand.
Passing off is harder to prove than infringing a registered trade mark.
Related questions
What's the first thing to do if someone copies my product?
Gather evidence before you act. Screenshot and date the copying, save listings, code, packaging or marketing, and work out exactly which right is affected — copyright, a registered trade mark, or confidential information. A calm evidence file is worth far more than an angry email.
Should I send a cease-and-desist letter myself?
Be careful. UK law has an "unjustified threats" regime for trade mark, patent and design threats — an ill-judged threat can let the other side sue you. Get a solicitor to send or draft the letter so it's effective and doesn't expose you to a threats claim.
Can I get a copy taken down without going to court?
Often yes. Marketplaces, app stores, social platforms and web hosts have IP complaint processes, and domain disputes have their own procedures. Takedowns are faster and cheaper than litigation and resolve many copycats, especially clear counterfeits or listing rip-offs.
What can a court actually do?
As a last step, a court can grant an injunction to stop the infringement and award damages or an account of profits. Litigation is slow and expensive, so it's usually reserved for serious, high-value cases where cheaper routes have failed or the harm is ongoing.
Enforcing IP is as much about not tripping the unjustified-threats rules as it is about the copying itself — the wrong first move can cost you the advantage. A SuLe solicitor can assess your evidence, pick the right route, and send a letter that works without exposing you. Book a free IP health check call and deal with a copycat properly.
Keep reading: What should I do if a competitor is using our confidential information? · How should I handle a legal letter or threat against my startup? · How do I trademark my startup name in the UK? · Do I own my company name by registering it at Companies House? · Are NDAs enforceable in the UK — and are they worth it?
Primary sources: GOV.UK — How to register a trade mark · GOV.UK — How copyright protects your work
