Managed Enforcement Services
More brands are now utilizing Vorys as a managed service provider for unauthorized online seller enforcement – saving money, stabilizing budgets, receiving even faster response times and freeing up internal staff to focus on strategic projects.
What Makes Managed Enforcement Services Unique?
The Vorys team uses its professional judgment and experience to determine tactics to employ and achieve results effectively and efficiently, within the scope of the client’s goals and objectives. Clients do not provide direction on each tactical decision, allowing them to direct their attention on their core businesses and enforcement delays are avoided.
Built with client budgets in mind, the fixed-fee approach provides predictability by eliminating the variance associated with traditional hourly billing. Before commencing an agreement, we meet to discuss client objectives and expectations and do what we can to ensure each of those goals are met.
How Does It Work
Step 1: Policies, Procedures, and Documentation to Support Enforcement
Vorys provides initial set up services to support the client’s enforcement against unauthorized sellers. This includes working with the client to develop and implement policies, procedures and agreements that will enhance the client’s ability to control its authorized sellers. We also create a legal framework to overcome a First Sale Doctrine defense (create a hyperlink to First Sale Doctrine page). Additionally, our attorneys will develop a series of templates for cease and desist letters and a draft complaint for use in conducting enforcement action against unauthorized sellers.
Step 2: Product Diversion and Gray Market Sellers
Vorys will use its professional judgment to determine which combination of managed enforcement services will most effectively and efficiently help stop product diversion and gray market sellers. Vorys managed enforcement services may include:
- Reviewing reports of unauthorized sellers provided by a client or their technology provider and determining which sellers to target each month. These reports are usually available from the client’s Price Monitoring vendor.
- Sending electronic cease and desist letters to gray market sellers
- Identifying sellers through investigation, which may include purchasing a product to obtain identification through payment transaction or product packing details
- Sharing seller identifications with the client and reviewing our recommended next steps for enforcement
- Sending cease and desist letters to unauthorized sellers identified through investigation
- Sending draft complaints to unauthorized sellers
- Communicating and negotiating with unauthorized sellers to resolve issues without litigation
- Providing regular status and performance reports to the client
Step 3: Enhanced Enforcement Services
From time to time, it may be necessary to engage in enhanced legal enforcement services. These services may include the use of third-party cyber investigation services for escalated investigations or preparing and filing lawsuits. We will only use such a service with a client’s approval.
Peace of Mind
Vorys managed enforcement services provide clients with peace of mind. Our clients know that our online seller enforcement team is making sure their interests are being pursued in a timely, effective manner. Our clients focus on running a business. We focus on removing unauthorized sellers from the internet.