The difference between a successful takedown and a rejected report often comes down to evidence quality. Platforms, courts, and customs authorities all require convincing proof of infringement before taking action. Well-documented evidence not only increases enforcement success rates but also deters repeat offenders and builds stronger legal cases when escalation is needed. This guide covers best practices for collecting, preserving, and presenting evidence.
Why Evidence Quality Matters
Strong evidence is essential for:
- Platform acceptance: Well-documented reports have higher approval rates
- Faster processing: Complete evidence packages avoid back-and-forth requests
- Legal standing: Admissible evidence supports litigation if needed
- Customs seizures: Clear documentation enables border enforcement
- Repeat offender tracking: Evidence links sellers across accounts
- Deterrence: Counterfeiters avoid well-protected brands
Evidence quality directly impacts your takedown success rates.
Types of Evidence
Listing Documentation
Capture complete listing information:
- Full-page screenshots: Include URL, date/time, and complete listing
- Product images: All seller-provided photos
- Descriptions: Full product descriptions and specifications
- Pricing: Current and historical if available
- Seller information: Store name, ratings, location claims
- Reviews: Particularly those mentioning authenticity issues
Product Evidence
From test purchases:
- Physical product samples
- Packaging and labels
- Shipping materials with tracking information
- Authentication test results
- Comparison with authentic products
Trademark Documentation
As covered in our legal guide:
- Trademark registration certificates
- Proof of use and first use dates
- Licensed use documentation
- Chain of title if marks transferred
Seller Intelligence
Build comprehensive seller profiles:
- Account information across platforms
- Contact details and business registration
- Pattern analysis linking multiple accounts
- Transaction history and volume estimates
- Previous enforcement actions and responses
Documentation Standards
Screenshot Best Practices
- Capture full pages: Complete listing, not cropped sections
- Show URL: Address bar visible in screenshot
- Include timestamp: Date and time visible or noted
- Preserve originals: Keep unedited screenshot files
- Name systematically: Use consistent naming conventions
Photography Standards
- Consistent setup: Same lighting, background, and scale reference
- Multiple angles: All sides, details, and defects
- Comparison shots: Counterfeit next to authentic product
- Close-ups: Labels, markings, quality differences
- Metadata preservation: Do not strip photo metadata
Written Documentation
- Chronological narrative: Clear timeline of events
- Objective language: Factual, not emotional
- Specific details: Dates, times, names, amounts
- Source attribution: How each piece of evidence was obtained
- Authentication statement: Clear declaration of counterfeit status
Chain of Custody
Maintain evidence integrity for legal admissibility:
Physical Evidence
- Document who receives packages and when
- Log all handling of physical products
- Store in secure, controlled environment
- Preserve original packaging and shipping materials
- Label all items with case numbers
Digital Evidence
- Preserve original files without modification
- Note capture date, time, and method
- Store in secure, backed-up systems
- Document any format conversions
- Consider hash verification for critical files
Transfer Documentation
- Log transfers between team members
- Document shipping to labs or attorneys
- Maintain custody receipt records
- Track return of evidence
Legal Admissibility Considerations
Authentication
Evidence must be verifiable:
- Screenshots should show source URLs
- Photos should include metadata when possible
- Physical evidence should have documented origin
- Expert testimony may be needed for technical authentication
Hearsay Issues
Be aware of limitations:
- Third-party statements may not be admissible
- Consumer reviews require authentication
- Business records exceptions may apply
- Consult counsel for litigation-bound evidence
Notarization
Consider notarization for critical evidence:
- Declarations attesting to evidence authenticity
- Screenshot capture by notary in some jurisdictions
- Chain of custody affidavits
- International enforcement may require legalization
Platform-Specific Requirements
Each platform has different evidence standards. See our multi-channel guide for platform details.
Amazon
- Clear photos showing trademark infringement
- Test purchase documentation with order ID
- Side-by-side authentic comparison
- Trademark registration information
eBay
- VeRO-formatted reports
- Listing screenshots with item numbers
- Trademark documentation
- Statement of infringement type
Social Platforms
For social commerce protection:
- Post screenshots with account information
- Video/story captures before deletion
- Influencer partnership false claims
- Transaction documentation if available
Building Evidence Packages
Standard Components
Include in every enforcement package:
- Cover letter summarizing infringement
- Trademark registration certificates
- Listing screenshots with URLs and dates
- Test purchase documentation if available
- Product comparison photos
- Authentication statement
Enhanced Packages
For escalated enforcement:
- Seller investigation findings
- Pattern analysis across accounts
- Sales volume estimates
- Consumer harm documentation
- Expert declarations if needed
Evidence Management Systems
Case Management
Organize evidence systematically:
- Case numbering system
- Evidence indexing and tagging
- Status tracking through enforcement
- Outcome documentation
Storage and Backup
- Secure cloud storage with access controls
- Regular backup procedures
- Retention policies for different case types
- Physical evidence storage protocols
Retrieval and Reporting
- Searchable evidence databases
- Report generation capabilities
- Analytics on evidence patterns
- Integration with enforcement workflows
Common Evidence Mistakes
- Incomplete screenshots: Missing URLs or timestamps
- Poor photo quality: Cannot see relevant details
- Broken chain of custody: Evidence integrity questioned
- Insufficient authentication: Cannot prove products are counterfeit
- Delayed capture: Listings removed before documentation
- Poor organization: Cannot find evidence when needed
Taking Action
Evidence quality determines enforcement success. By implementing systematic documentation practices, maintaining chain of custody, and building comprehensive evidence packages, you dramatically increase takedown approval rates and strengthen your position for legal escalation when needed. Start by auditing your current documentation practices and implementing the improvements most relevant to your situation.
BrandedOps automates evidence collection through our monitoring and takedown platform. We capture listing screenshots with timestamps, organize evidence by case, and generate platform-ready takedown packages. Start your free brand audit and see how systematic evidence collection improves enforcement outcomes.
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