When someone claims you infringed.
WHAT TO DO FIRST
Do not respond immediately.
WHY
Early responses commit you and can amount to admissions.
WHAT TO ESTABLISH
What right they claim Whether it exists, and is registered What they say you did Whether the claim has merit
HOW TO CHECK
Search the relevant register.
WHY
Claims are made on rights that do not exist.
WHAT TO PRESERVE
Everything: your materials, dates, evidence of independent creation.
WHY IMMEDIATELY
Routine deletion may remove your defence.
WHAT TO ASSESS
Whether you actually infringed Whether you have a defence What it would cost to change What it would cost to fight
WHAT COMMON DEFENCES EXIST
The right is invalid No infringement occurred Prior use Independent creation Permitted use under the applicable exceptions
WHAT TO DO IF THE CLAIM IS VALID
Address it promptly.
WHY
Continuing after notice increases exposure substantially.
WHAT TO CONSIDER
Negotiating a licence, rather than changing.
WHAT TO AVOID
Ignoring it Aggressive responses Admitting anything before advice
WHAT TO TAKE ADVICE ON
Anything with substance.
WHAT TO RECORD
Every communication.
WHAT TO LEARN FROM IT
To check before adopting names and materials.
