Evidential Purchases

As an attorney or brand protection professional, you know that securing concrete, court-admissible evidence is paramount. Evidential buys are often the simplest, most information-rich first step. These buys also provide a productive springboard for other investigative avenues.

Often referred to as sample, trap or test buys, or even secret shopping, these covert purchases obtain key evidence that can help substantiate claims of IP infringement, counterfeit sales, or unauthorized distribution. Beyond providing the undeniable proof needed to support potential enforcement actions and legal proceedings, they also can get you closer to identifying the source and reveal details on the seller.

Modern Convenience Leads to Complexity

At one time, buying directly from a website or online shopping platform provided a wealth of useful information. However, since the dawn of FBM (fulfilled by marketplace) and other secondary logistics services, identifiers to uncover the true seller behind the purchase has become exceptionally rare. Payment methods, whether third-party payment processing (platform-mediated) or direct payment processing (peer-to-peer), have the potential to add another layer of complexity and anonymity for the seller.

With such obstacles from advances in technology and logistics, it underscores the importance of expert assistance to better ensure that the full value is realized from any evidential purchase. This can be particularly critical with those repeat offenders who are well-schooled on the tricks of the trade, or those that are not overtly offering the desired product and require undercover dialog to effectuate a purchase.

Key Advantages of Outsourcing Evidential Buys to Experts

While receiving the physical product or delivery of the service may be the primary objective, the intricacies of the transaction are equally crucial. This includes executing the buy discreetly to avoid tipping off the seller and ensuring the evidence collected is robust, reliable, and admissible.

Here are a few reasons why outsourcing to experts provides significant advantages:

  • Maintains Anonymity: Protects identities, prevents discovery of the investigation, and decreases the likelihood of evidence being destroyed or altered.
  • Preserves Chain of Custody: Ensures proper handling and documentation so the evidence remains viable, credible, and admissible should it be needed in court.
  • Strategic Jurisdiction: Uses online access points, undercover buys and related communications to find jurisdiction in key venues when necessary.
  • Comprehensive Reporting: Receive a detailed, third-party report with digital and physical evidence meticulously documented, providing everything needed for strategic decision-making.
  • Ethical Integrity: Guarantees unbiased, objective evidence gathering that prevents potential ethical conflicts or mishandling that could undermine the investigation.
  • Avoids Conflicts of Interest: Reduces the risk of unintentional disclosures or conflicts that may arise if a witness statement, declaration, or court testimony is required.
  • Expertise in Complex Cases: Capable of navigating varying levels of complexity, from straightforward retail buys to wholesale purchases, using established undercover methods.
  • Long-Term Case Continuity: Multiple buys can be coordinated over time to establish patterns of behavior and proof of continuous business practices.

Insights Gained: More Than Just a Transaction

Evidential buys are not just about acquiring a product — they are key opportunities to learn about the seller’s identity, supply chain, and operational methods. The process, along with any communication between buyer and seller, can uncover vital details that strengthen your case and impact its trajectory.

At Vaudra, our experience, garnered by the sheer volume of buys conducted across various platforms, channels, and product types, enhances our ability to adapt quickly and improve our likelihood of success to benefit you. Whether sellers operate through large online marketplaces, social media platforms, or physical storefronts, we navigate these environments creatively and with tenacity to ensure that key details are documented before sellers alter their tactics or disappear.

Preserving Details with Precision

Our investigative approach is designed to uncover deeper insights at every step. Each transaction presents an opportunity to learn, from identifying additional enforcement avenues to revealing unexpected patterns of activity. When it comes to digital evidence, such as screenshots of online listings, text exchanges, or transaction receipts, we capture and save all relevant documentation, ensuring a complete and traceable digital record that supports your case.

For physical evidence, we meticulously log and photograph each product according to our established evidence handling procedures. We can seamlessly incorporate your specific requirements, such as recording unique product identifiers, packaging variations, or serial numbers, ensuring that any critical data is collected in a single session.

Whether your authentication process involves capturing magnified images of intricate components, disassembling and testing, or recording information in online portals, we align with your protocols to ensure every detail is accurately documented. Once processed, physical evidence is securely stored in our evidence locker, with the chain of custody rigorously maintained until it is ready to be shipped to you.

Our ability to think strategically and execute with precision ensures that each buy does more than obtain evidence — it opens doors to new investigative pathways and uncovers actionable intelligence that propels your case forward.

Maximizing the Impact of Every Buy

By entrusting us with your evidential buys, you gain a partner dedicated to maintaining confidentiality, preserving the chain of custody, and acting swiftly to capture valuable insights. Our goal is to provide accurate, unbiased evidence that reflects the truth, even if the results differ from initial expectations. Once the evidence is in hand, we are here to support your next steps, whether that involves regrouping to adjust tactics or simply providing a comprehensive final report so you can move forward independently, with confidence and clarity.
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intellectual property, IP, investigations

Offering Intellectual Property (IP) investigations & brand protection solutions globally since 2003.

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