Unauthorized and Grey Market Sales

A Comprehensive Approach For Dealing With Unauthorized Sellers

According to a recent study, just 15 percent of authorized sellers violate Minimum Advertised Price (MAP) policies, in contrast to 53 percent of unauthorized sellers. If brand owners want to maintain control over their online channels, developing a plan to stop unauthorized sellers needs to be a top priority.

Our online seller enforcement team works with leading brands to implement innovative graduated enforcement systems that combine technology, investigation, and legal tactics to monitor, identify, and efficiently and effectively help stop unauthorized online sellers.

Step 1

Legal Framework

Working with the brand, we create the foundation to help the brand defeat a first sale doctrine defense by an unauthorized seller.

Step 2

Find Unauthorized Sellers

We work with leading monitoring companies to conduct a comprehensive internet and marketplace scan and provide a monthly report of illegitimate online sellers to the brand for their review.

Step 3

Send Electronic C&Ds

Vorys sends electronic cease and desist letters to select high-volume sellers, and company sends softer cease and desist letters to lower-volume sellers.

Step 4

Identify Non-Responsive Sellers

Investigators purchase products from high volume, non-responsive sellers and conduct a comprehensive investigation to try and determine their identities.

Step 5

Send Physical C&Ds

Vorys sends physical cease and desist letters to high-volume, non-responsive sellers.

Step 6

Report & Provide Recommendations

Monthly reports detail the prior month's results, information about remaining unauthorized sellers, and recommended targets and next steps.

Step 7

Escalated Legal Enforcement

As needed, Vorys can draft complaints, file subpoenas and lawsuits, seek injunctions with the objective of being able to freeze PayPal accounts, work to obtain court orders that can ultimately be submitted to search engines for potential de-indexing of the offending sites and more.

† Ayelet Israeli, Eric T. Anderson and Anne T. Coughlan, “When Retail Prices Cross the Line.” Kellogg Insight, https://insight.kellogg.northwestern.edu/article/when-retail-prices-cross-the-line (accessed January 20, 2017)