In today’s retail world, with an ever-growing percentage of sales happening via E-Commerce, a new brand of retail fraud is proliferating: unauthorized, online sales of consumer goods, often below the manufacturer’s Minimum Advertised Price (“MAP”). These illicit sales have a tremendous impact on E-Commerce, from harming relationships between manufacturers and authorized sellers, inability to expand the brands online presence, loss of revenues and profits and harming the brands reputation and equity.
At E-Enforce™, we have developed a world-class enforcement strategy that combines proprietary enforcement technology, with highly trained cyber investigators and cutting edge intellectual property legal strategies in a way that successfully shuts down unauthorized sellers and counterfeiters by going after and identifying the actual sellers, and putting the right pressure on them to stop selling your products.
In technology, we have developed all the tools necessary to regularly monitor all the sales activity across a brand’s important SKU’s. Our technical team and enforcement software utilizes time tested methods of communicating and convincing illegal sellers that they are better off not selling our protected brands products. With our ability to see “every move a seller makes”, and enforcement pressure that starts immediately once they begin selling your products, we are able to make the stop selling permanently, instead of the typical Whack-A-Mole strategies used by others.
For the investigation component of our enforcement,, we employ skills honed by our parent company, Cyber Investigations Services (“CIS”). CIS is a licensed investigation group that has spent the better part of the last decade developing high tech investigatory capabilities far beyond that of most in-house teams or law firms. With hundreds of E-Commerce investigations performed each month, our team has access to high-tech investigative tools, (OSINT) Open Source Intelligence technology, and law enforcement databases that are exclusive to licensed investigators. In addition we have a proprietary database of several thousand illicit sellers we have identified on various online marketplaces. Once a seller identity is known, putting a permanent halt to that seller’s illegal activities is not far behind.
The legal component of our enforcement is designed to help brands eliminate the “unnecessary legal costs” typically associated with brand enforcement. We have had our attorney’s develop cutting-edge retailer, distributor and MAP agreement templates, along with a series of proven C&D letters used to tactfully escalate pressure on the seller. Our entire focus is to get the seller to permanently stop and/or give up their distribution sources so we can shut down the leaks of products at the source. Working hand-in-hand with your internal or external counsel they can utilize our templates, experience and technology to craft an enforcement strategy that meets the needs of your companies E-commerce strategies.
E-Enforce™ will perform the vast majority of the enforcement efforts, with the occasional support of the attorney on an as-needed basis for select enforcement on sellers we have identified. If a brand does not have an attorney, we have strategic relationships with lawyers and law firms across the country that specialize in E-Commerce and IP enforcement and we’re happy to make recommendations upon the client’s request.