eComGuardian: Your First Line Of Defense Against Counterfeits
eComGuardian was built from the ground up to protect against counterfeit products entering the supply chain and harming consumers. From this belief that counterfeits and quality control are crucial for your brand’s success, we are able to implement policies and programs that help protect your brand and overcome a first sale doctrine defense by unauthorized sellers. Not only are our material differences designed to help protect your brand from the erosion caused by counterfeit products, but they are legally enforceable to sustain legal challenges. Our counterfeit-focused enforcement program naturally results to a MAP enforcement and unauthorized seller removal program that is grounded in legitimate legal and social policy grounds. The end result is sustainable brand value, and enforceable MAP.
In addition to enforcement, our eComGuardian team is experienced in counterfeit prevention. We utilize a comprehensive approach to counterfeit prevention, which pairs law-firm enforcement, technology-based monitoring, and counterfeit detection programs to help spot fakes before they ruin your brand. We routinely work with major marketplaces to institute counterfeit avoidance programs to help preserve brand value. We also are experienced in helping brands develop serialization programs, so that they can quickly identify fake products or determine how legitimate products ended up with unauthorized sellers.
Why Should I Hire a Law Firm That Offers Integrated Monitoring + Investigation + Enforcement?
When you hire Francissen Rafelson Schick’s eComGuardian Team, you are getting a team of lawyers to help protect your brand across the web. Our team uses advanced monitoring technology to help them uncover violations, and thorough investigative techniques to uncover the identities of unauthorized sellers. We also use our intimate knowledge of the law to ensure that we are able to defeat a first-sale defense.
Many companies think they can invest in software to help them monitor their listings for unauthorized sellers, but then have no legal recourse when DIY efforts fail. Other times, companies hire investigative firms to help them uncover the identities of unauthorized sellers, but then have to hire a lawyer to use the investigator’s data. With the FRS eComGuardian platform, brands are able to utilize the best benefits of each approach, with a fully managed service offering for protecting their brand reputation from counterfeit knockoffs, MAP violations, grey-market diversion, and unauthorized sellers.
We utilize advanced monitoring technology to detect MAP violators, unauthorized sellers, and potentially counterfeit sellers. Once we have identified these high-risk sellers, we use our professional judgement to implement graduated enforcement efforts.
We notify MAP violators and unauthorized sellers via electronic cease and desist letter that their sales are unlawful, and give them an opportunity to voluntarily remove their listings for your products.
For sellers who ignore electronic cease and desist letters, we conduct test buys to uncover their true identity. We also check for product authenticity. Once we uncover the sellers’s true identity, we will begin enforcement efforts.
Once we have uncovered the unauthorized seller’s true identity, we begin enforcement efforts. Using our professional judgement, these efforts can include a mix of legal and marketplace options. In the event that our investigation uncovers counterfeit products, we work with the marketplaces to have sellers removed.