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What? We Received a Copyright Infringement Notice??

  • Writer: IP Gennesis
    IP Gennesis
  • 32 minutes ago
  • 6 min read
Ostrich looks surprised on a red background with text: "Even IP Firm like us received COPYRIGHT INFRINGEMENT NOTICE?! What?"

Yes, you heard that right.


Even an IP firm like us can receive a Copyright Infringement Notice.


IP Genesis image with a red border shows a copyright infringement notice. Text explains unauthorized image use allegation. Includes branded logo.

One morning, we opened an email from a purportedly image licensing platform (“Platform”), a website that supposedly provides users with downloadable content and copyright licensing services. The email accused us of copyright infringement, saying we had used their copyrighted image for commercial purposes without authorization. In other words, they claimed we had committed Intellectual Property infringement.


White background with red border features bold text about buying an enterprise plan for USD 999/year. Cartoon cat with question marks expresses skepticism.

And their “solution”? “You may settle this matter by purchasing our Enterprise Pro Plan for USD 999/year.”


We looked at each other and went:


“Wah… this one new marketing strategy ah? Threaten people with a lawsuit just to sell subscription plan?”


Because honestly, that’s exactly what the email felt like — a suspicious copyright notice that sounded more like a sales pitch than a proper cease and desist letter.


Since we had never heard of this “Platform” before and the email landed straight into our Spam Folder, we ignored it. We thought it might be one of those new online scam tactics disguised as an IP infringement claim.


Another reason we were calm?


We were confident that all our graphics were obtained legally through our paid Canva subscription. It has always been our firm’s policy to ensure the legality of our online content and maintain proper Intellectual Property compliance.


So yes… at that moment, it didn’t feel like something worth stressing over.



The Second IP Notice Arrives — Perhaps We Should Be Serious


About 1–2 weeks later, the copyright notice came again, together a screenshot of the allegedly infringing graphic — the Buddha image we used in our Wesak Day social media post earlier this year. We felt that the IP infringement allegation more targeted, not just a generic email blast.


Immediately, our marketing team went into investigation mode.


Poster with a Buddha illustration, pink flowers, and checks on Canva use. Text: "Conclusion: Our use was legal." Red and white background.

We checked everything:


  • Was the design truly created in Canva?

  • Was our Canva Pro subscription active at the time?

  • Did someone accidentally use unlicensed content?

  • Did we miss a payment (it could happen right 🤣)?


We don’t assume anything when it comes to Intellectual Property. A small mistake can easily escalate into a full copyright infringement dispute.


After checking through our design history and subscription records, we confirmed:


✔ The poster was created fully in Canva

✔ Our Canva Pro subscription was active during that period

✔ No unlicensed or standalone use was involved



Reaching Out to Canva for Clarification

Certificate document from Canva confirming content rights. Text includes "Canva Confirms Our Rights" and "Canva responded within hours."

With that clarity, the next step was obvious — contact Canva directly to understand what was going on.


To our relief, Canva responded within hours. Fast, professional, and very reassuring.


They issued us a Certificate of Source of Content, confirming that:


  • Canva owns the copyright for the image, or

  • Canva has the legal right to license the content to users like us


This certificate is extremely important when facing any cease and desist letter, copyright infringement allegation, or Intellectual Property infringement dispute. It’s the kind of evidence that protects you when someone accuses you of violating their IP rights.



Standalone Use of Image Not Permitted


But Canva also took the opportunity to remind us of something important about their terms on copyright and Intellectual Property licensing.


Canva mentioned that under Section 3 of Canva’s Content License Agreement, standalone use of their Pro images or elements is NOT permitted. This means:


  • You cannot take a single Canva Pro image and use it by itself.

  • It must be part of a larger design that includes text, graphics, shapes, or other creative elements.


Since our Wesak Day poster did combine the Buddha image with text and other design elements, we double-confirm with Canva whether our manner of use was allowed. We wanted to make sure that no copyright notice or cease and desist letter could hold water.


Canva answer came back quickly:


✔ The Buddha image in our poster is NOT considered standalone use.

✔ Our design is classified as a unique artwork, created by combining multiple Canva elements.

✔ The use is permitted under Canva Pro licensing, which means no Intellectual Property infringement occurred.


Honestly, once we knew our IP position was solid and fully backed by documentation, we still felt lazy to respond to that “Platform”.


Because from the tone of their previous copyright notices, it really felt like a marketing tactic:

Threaten people with what looks like a potential copyright infringement claim,

→ then suggest buying a USD 999 Pro Plan to “resolve” it.


Running a business nowadays already comes with so many compliance requirements, tax rules, deadlines, and legal frameworks (you know who to thank to)… sometimes you just don’t feel like entertaining shady claims.



The Third IP Infringement Notice


Just when we were about to forget about them… Boom.


A third copyright infringement notice arrived in our inbox.


Hmmm. These people very persistent.


Okay lah — now it looks more serious than the usual spammy cease and desist letter.


At that point, we knew we had to stop slacking and properly preserve our Intellectual Property rights. If someone keeps sending repeated copyright notices, you cannot just ignore forever.


Text on a white background with a red border: "How Did We Respond to the Infringement Notice?" followed by a bullet list of responses.

So we drafted a simple, calm, response with these 3 points:


  1. We deny all allegations of copyright infringement and IP infringement.

  2. The image was legally obtained through our Canva Pro subscription.

  3. Attached is the Certificate of Source of Content issued by Canva confirming our licence.


And we added one more line — politely but firmly: “Please cease sending further copyright notices.”



Case Closed: Their Final Admission That Our Use Was Legal


Text document on red background titled "The Platform’s Reply" with content about legitimate copyright licenses. Red "Case Closed" stamp.

A few days later, the “Platform” finally replied:


“After verification, the images you used were authorised by the original authors and distributed to various cooperation platforms. You have obtained legitimate copyright licenses.”


In other words: They admitted we did not commit any copyright infringement or Intellectual Property infringement. Case closed.



What This Experience Taught Us About IP and Digital Content

Text graphic titled "Lessons We Learned" lists tips about email spam, licenses, receipts, and IP notices. Includes a laughing emoji. Red border.

Yes, the matter is over — but we walked away with a few valuable lessons.


The first one?


Always check your Spam folder.


Sometimes got gold.


Sometimes got landmine.


Sometimes… a strange combination of both.



What To Do When You Receive an IP Infringement Notice? - 3 Simple Steps Every Business Owner Should Follow


Receiving an IP infringement notice can be stressful, especially when the email looks official and uses strong legal phrases like “copyright infringement”, “unauthorised use”, or “cease and desist letter”.



But before panicking, here’s what you need to know.



What Is an IP Infringement Notice?


An IP infringement notice, sometimes called a cease and desist letter, is a written demand asking you to stop an alleged copyright infringement, trademark misuse, or other type of Intellectual Property infringement.


It is usually the first step taken before someone decides whether to start a lawsuit.


So yes, it is important.


But no, you don’t need to panic.


Here are three simple steps to follow.


Text on IP infringement notice tips: Don't ignore, gather evidence, check licenses, respond calmly, consult IP lawyer if needed. Red border.


1. Do NOT Ignore the Cease and Desist Notice


Even if the cease and desist letter looks suspicious or feels like a scam, you shouldn’t ignore it.


Why?


If the claim turns out to be real, ignoring a cease and desist letter can lead to:


  • unnecessary lawsuits

  • legal costs

  • business disruption

  • a damaged public record


It’s always smarter to address the issue calmly and professionally.



2. Don’t Panic — Start Gathering Evidence


Most people make the biggest mistakes when they respond emotionally.


Don’t rush to reply.


Don’t admit anything prematurely.


Don’t apologise out of fear.


Instead:


  • Check where the allegedly infringing content came from

  • Verify your licences, subscriptions, receipts, and timestamps

  • Look at the design history or file source

  • Confirm whether proper Intellectual Property rights were followed

  • Gather proof (screenshots, invoices, agreements)


This step alone can protect you from escalating a false IP infringement claim into a real problem.



3. Consult an IP Lawyer (Especially if Things Get Complicated)


If your facts are straightforward and strong — like ours — you may choose to reply with a short, simple denial:


  • Deny the allegation

  • State your legal basis

  • Attach your evidence

  • Request them to stop sending further copyright notices


Keep it professional. Don’t escalate unless necessary. Many disputes can be resolved quietly.


But…


If your internal investigation shows complications, such as:


  • using paid content while your subscription was inactive

  • mixing unlicensed images into your designs

  • misunderstanding a platform’s licensing terms


…then please consult an IP lawyer before responding.


Sometimes one wrong sentence in your reply can weaken your legal position.


Recently, another client came to us after receiving the exact same type of cease and desist letter from the same platform, using what looks like the same “marketing tactic”. We referred the matter to our associated law firm, LAWENCO, to handle it properly.



Conclusion


This whole experience reminded us that even when you’ve done everything right, a sudden copyright infringement claim or unexpected IP infringement email can still appear out of nowhere.


But when your Intellectual Property records are in order, your licences are proper, and your facts are solid — you don’t panic. You respond with clarity, confidence, and evidence.


And most importantly… you don’t let a suspicious cease and desist letter shake your business.


Questions about IP Infringement Notice, or Cease And Desist Letter? Feel free to reach out!




Written by,


Registered Trademark, Patent and Design Agent

LL.B (HONS), CLP

Advocate & Solicitor




Disclaimer: This article is for general information only and does not constitute legal advice. For advice on your specific situation, please consult a qualified Intellectual Property professional


 
 
 

© 2023 by IP Gennesis Sdn Bhd. 

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