Company Used My Design Without Permission
What you need to know
When a company reproduces, copies, or commercially exploits your original design without your authorization, it constitutes copyright infringement under Indian law. Your design — whether graphic, artistic, product, or industrial — is automatically protected under the Copyright Act, 1957 the moment it is created and fixed in a tangible form; registration is not mandatory to claim rights. If the design is applied to industrial articles (produced more than 50 times), it may also be protected under the Designs Act, 2000. You can demand that the company cease use immediately, seek damages for past unauthorized use, and pursue both civil and criminal remedies.
Your rights
Your original design is automatically protected by copyright from the moment of creation — no registration required
You have the exclusive right to reproduce, distribute, and license your design; unauthorized use is infringement
You can claim financial damages, account of profits, and injunctive relief through a civil court
Criminal penalties (imprisonment up to 3 years and/or fine) can be pursued for willful infringement
What you should do now
Action firstGather and preserve evidence
- Screenshot, photograph, or download all instances of the company using your design (websites, ads, products, social media)
- Collect your original creation files with timestamps (design files, email drafts, version history, first-publish proof)
- Note the company's name, registered address, and the medium/platform where infringement is occurring
Send a formal Cease and Desist (legal notice)
- Send a written legal notice demanding the company stop using your design immediately, remove all infringing material, and compensate you
- Send via registered post with acknowledgement due AND email to their official contact; keep copies
- Give them 15 days to respond before escalating — use the draft below
Register your copyright (strongly recommended now)
- File a copyright registration application at copyright.gov.in — this creates a public record and strengthens your legal position
- For industrial/product designs reproduced at scale, also consider filing under the Designs Act at IP India
Escalate legally if no response
- File a civil suit in District Court seeking injunction (to stop use) and damages — a lawyer can file for an urgent ex-parte injunction
- File a criminal complaint under Section 63 of the Copyright Act at your local police station or through a magistrate
- Consider filing a takedown notice with the platform (Google, Instagram, e-commerce sites) if the infringement is online
Acts applicable
Copyright Act, 1957
centralSections 13, 14, 51, 55, 63 — copyright in artistic works, infringement, civil and criminal remedies
Designs Act, 2000
centralSections 11, 22 — protection and piracy of registered industrial designs
Code of Civil Procedure, 1908
centralOrder 39 — temporary injunction to stop ongoing infringement