This section establishes the authentic product baseline and captures comprehensive intelligence on infringing listings. Accurate completion is critical for successful takedown notices and potential litigation. All IP-related fields should be cross-referenced with your internal IP docketing system.
Authentic Product SKU/Model Number
Authentic Product UPC/EAN/ISBN Code
Authentic Product Manufacturing Batch Code (if applicable)
Type of Intellectual Property Being Infringed
Registered Trademark
Design Patent
Utility Patent
Copyrighted Work
Trade Dress
Multiple IP Types
Primary Trademark Registration Number/Patent Publication Number
Additional IP Registration Numbers (if multiple)
Is the IP registration active and renewed in all jurisdictions where infringement is observed?
Please specify jurisdictions where IP protection has lapsed and explain the strategy to address this gap:
Primary E-Commerce Marketplace Where Infringement Occurs
Amazon Global
Alibaba/AliExpress
eBay International
Wish
Mercado Libre
Rakuten
Tmall/Taobao
JD.com
Shopee
Lazada
Etsy
Walmart Marketplace
Other
Specific Marketplace Country/Region Domain
Infringing Seller Store Name/Vendor ID
Is this seller a repeat infringer with prior violations documented?
Provide prior case reference numbers and summary of previous enforcement actions taken:
Infringing Product Listing URL
Infringing Product Title/Listing Title
Infringing Product Listed Price
Authentic Product MSRP/Current Market Price
Estimated Units Sold (if visible on listing)
Date/Time When Infringement Was First Detected
Geographic Scope of Infringement Impact
Single Country
Multiple Countries in One Region
Global Impact
Unknown
Multi-Listing Infringement Tracker (if seller has multiple infringing listings)
Infringing SKU | Listing URL | Listed Price | Estimated Monthly Sales | Flagged for Test Purchase? | ||
|---|---|---|---|---|---|---|
A | B | C | D | E | ||
1 | INF-SKU-001 | https://example.com/product/123 | $29.99 | 500 | ||
2 | INF-SKU-002 | https://example.com/product/124 | $34.99 | 300 | ||
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This section documents the evidentiary foundation for enforcement action. Maintain strict chain-of-custody protocols for all physical evidence. Photographic and video documentation must be timestamped and unaltered. All test purchases should be conducted through controlled accounts not traceable to your organization.
Has a controlled test purchase been completed for this infringing listing?
Test Purchase Order Date/Time
Justify why test purchase is not feasible and describe alternative evidence gathering methodology:
Test Purchase Delivery Date/Time
Test Purchase Account Type Used
Corporate Controlled Account
Third-Party Mystery Shopper
Law Enforcement Liaison
Consumer Advocate Partner
Not Applicable
Test Purchase Order Number/Transaction ID
Total Test Purchase Cost (including shipping)
Was the delivered product confirmed as counterfeit through visual inspection?
I certify that detailed photographic evidence has been uploaded to the evidence repository
Was the delivered product confirmed as counterfeit through material composition analysis?
Laboratory or Internal Analysis Reference Number
Does the counterfeit product pose consumer safety risks?
Describe specific safety hazards identified (e.g., toxic materials, electrical hazards, choking risks):
Upload High-Resolution Product Comparison Photos (Authentic vs. Counterfeit)
Upload Laboratory Analysis Report (if applicable)
Upload Video Evidence of Unboxing and Authentication Process (if applicable)
Forensic Authentication Checklist - Rate the following authenticity verification points
Definitely Counterfeit | Highly Suspicious | Inconclusive | Likely Authentic | Definitely Authentic | |
|---|---|---|---|---|---|
Product weight matches authentic specifications | |||||
Material texture and quality consistent with authentic | |||||
Color accuracy compared to authentic product | |||||
Logo/trademark placement and quality | |||||
Packaging quality and branding accuracy | |||||
Security features (holograms, QR codes, serial numbers) | |||||
Product functionality and performance | |||||
Scent or chemical odor (if applicable) |
Detailed Forensic Analysis Summary - Describe all observed discrepancies between authentic and counterfeit product:
Multi-Channel Evidence Collection Log (if evidence gathered from multiple sources)
Evidence Source | Collection Date | Evidence Type | Verified by Legal | Admissible Format | ||
|---|---|---|---|---|---|---|
A | B | C | D | E | ||
1 | Test Purchase | 6/15/2025 | Physical Product | |||
2 | Web Scraper | 6/14/2025 | Listing Screenshot | |||
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This section tracks all formal enforcement communications with marketplace platforms. Document every submission, response, and escalation. Different platforms have varying notice requirements and response timelines. Maintain copies of all correspondence in the designated legal hold repository.
Type of Infringement Notice Filed
DMCA Copyright Notice
Trademark Infringement Claim
Patent Infringement Claim
Trade Dress Violation
Combined IP Claim
Platform-Specific Brand Protection Program
Cease & Desist (Direct to Seller)
Has a formal takedown notice been submitted to the marketplace platform?
Takedown Notice Submission Date/Time
Explain the delay in filing and provide anticipated submission timeline:
Platform-Assigned Case/Ticket Number
Internal Legal Matter Number
Did the platform acknowledge receipt of the notice within their stated SLA?
Describe escalation steps taken due to platform non-response:
Current Platform Response Status
No Response
Under Review
Additional Information Requested
Partial Takedown (some listings removed)
Full Takedown Approved
Takedown Rejected/Denied
Seller Counter-Notice Filed
Has the seller filed a counter-notice or appeal against the takedown?
Counter-Notice Received Date/Time
Is this case eligible for platform's expedited brand protection program?
Brand Protection Program Enrollment ID
Supporting Documentation Submitted with Notice
IP Registration Certificate
Test Purchase Evidence
Product Comparison Photos
Affidavit of Authenticity
Prior Communication with Seller
Consumer Complaint Records
Safety Hazard Documentation
Upload Complete Takedown Notice Submission Package (PDF)
Platform's Stated Reason for Rejection (if applicable):
Has this infringement pattern been reported to the marketplace's dedicated brand protection liaison?
Liaison Contact Name and Email
Cross-Platform Enforcement Tracking (if infringement appears on multiple marketplaces)
Marketplace Name | Listing URL | Notice Filed Date | Case Number | Status | ||
|---|---|---|---|---|---|---|
A | B | C | D | E | ||
1 | Amazon.com | https://amazon.com/dp/EXAMPLE | 6/10/2025 | IP-12345 | Removed | |
2 | eBay.com | https://ebay.com/itm/EXAMPLE | 6/11/2025 | TMD-67890 | Pending | |
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This section quantifies the commercial damage and recommends appropriate enforcement escalation. All financial calculations should be based on documented sales data, market analysis, and established valuation methodologies. Recommendations must align with corporate risk tolerance and IP protection strategy.
Estimated Units of Counterfeit Sold in Last 30 Days
Estimated Gross Revenue Diverted to Counterfeiter (30 days)
Estimated Brand Revenue Loss (assuming 40% conversion rate)
Estimated Price Erosion Impact on Authentic Product Sales
Number of Authorized Distributor Complaints Received
Number of Consumer Complaints/Returns Due to Counterfeit Quality
Has this counterfeit been detected in your authorized supply chain?
Describe supply chain infiltration and affected distributors:
Brand Reputation Risk Severity (1 = Minimal, 5 = Catastrophic)
Recommended Legal Action Level
Monitor Only
Platform Takedown Only
Cease & Desist Letter
Customs Recordation & Border Enforcement
Civil Litigation (Demand Letter Phase)
Civil Litigation (File Complaint)
Criminal Referral to Authorities
Emergency Injunction/TRO
Is the infringer engaged in large-scale commercial distribution?
I recommend referring this case to law enforcement for criminal investigation
Does this case warrant customs recordation in target markets?
Target Markets for Customs Recordation
United States (CBP)
European Union (EU Customs)
United Kingdom
Japan
Australia
Canada
China Customs
Other
Strategic Legal Recommendation & Justification:
Estimated Legal Costs for Recommended Action
Estimated Timeline to Resolution (in weeks)
Revenue Impact Analysis by Geographic Region
Region | Estimated Counterfeit Units Sold | Counterfeit Revenue | Projected Authentic Revenue Loss | Total Regional Impact | ||
|---|---|---|---|---|---|---|
A | B | C | D | E | ||
1 | North America | 1500 | $44,985.00 | $17,994.00 | $62,979.00 | |
2 | Europe | 800 | $23,992.00 | $9,597.00 | $33,589.00 | |
3 | $0.00 | |||||
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10 | $0.00 |
This final section requires authorized sign-off from both legal counsel and brand protection leadership. This form cannot be processed for enforcement action without dual authorization. All signatories must review complete evidence package before certification.
Lead IP Enforcement Counsel Name
Lead IP Enforcement Counsel Email
Legal Review Completion Date
Has legal counsel verified that all evidence meets admissibility standards?
Identify evidence gaps and required remediation:
Has legal counsel confirmed IP registration validity and jurisdictional coverage?
Explain IP coverage limitations and alternative enforcement strategies:
Head of Digital Brand Protection Name
Head of Digital Brand Protection Email
Brand Protection Review Completion Date
Has brand protection leadership confirmed the business case for recommended action?
Provide business justification override or request for alternative approach:
Enforcement Priority Level (1 = Low, 5 = Critical)
Does this case require escalation to C-Suite or Board level?
Summarize key issues requiring executive visibility:
Lead IP Enforcement Counsel Digital Signature
Head of Digital Brand Protection Digital Signature
Final Authorization Timestamp
I certify that all information provided is accurate to the best of my knowledge and that all required evidence has been properly documented and preserved according to legal hold policies
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