What Evidence Do You Need in a Trademark or Copyright Infringement Case?

Introduction
If you’re considering filing a lawsuit—or if you’ve been sued—for trademark or copyright infringement, evidence is everything. Courts don’t decide cases based on who’s more upset; they decide them based on proof. Knowing what evidence you’ll need, and gathering it early, can strengthen your position, save costs, and improve your chances of a favorable outcome.

Evidence Needed in Trademark Infringement Cases

1. Trademark Registration

   • Proof that your trademark is federally registered with the USPTO. While common law rights exist, registration provides stronger protection and damages.

2. Evidence of Use

   • Examples of how you’ve used your trademark in commerce (packaging, ads, websites, product labels, invoices).

3. Proof of Infringement

   • Screenshots, samples, or photographs showing the defendant’s use of a confusingly similar mark.

4. Consumer Confusion Evidence

   • Customer complaints, misdirected inquiries, or surveys showing actual confusion in the marketplace.

5. Financial Records

   • Data showing your lost sales or the infringer’s profits tied to the use of your trademark.

Evidence Needed in Copyright Infringement Cases

1. Copyright Registration

   • Proof of your registration with the U.S. Copyright Office. Registration is critical if you want to claim statutory damages or attorneys’ fees.

2. Ownership Evidence

   • Original files, drafts, or metadata proving you created the work.

3. Proof of Infringement

   • Copies of the infringing work alongside your original to show substantial similarity.

4. Access Evidence

   • Proof that the defendant had access to your work (e.g., it was posted online, submitted to them, or widely distributed).

5. Damages Evidence

   • Records of lost licensing fees, diminished value of your work, or profits the infringer gained.

How to Strengthen Your Case

• Preserve Everything: Don’t delete emails, drafts, or social media posts related to your work or the alleged infringement.

• Document Timelines: Keep records of when you created your work, when you registered it, and when the infringement began.

• Hire Experts: Consumer survey experts (for trademarks) or forensic experts (for copyrights) can bolster your case.

• Act Quickly: Delay can weaken your claim or allow infringers to profit longer at your expense.

Conclusion
In any intellectual property lawsuit, evidence is your most powerful weapon. Whether you’re pursuing a claim or defending against one, the right documentation can determine the outcome. At Trestle Law, we help clients gather, preserve, and present the evidence they need to protect their brands and creative works in court.

Contact us today to schedule a consultation and discuss the evidence you’ll need for your infringement case.