Test Purchases: How to Verify Counterfeits and Build Your Legal Case

Test purchases are one of the most powerful tools in your brand protection arsenal. While monitoring and detection can identify suspected counterfeits, only a test purchase provides concrete evidence of what is actually being sold. Well-executed test buys create the foundation for successful platform takedowns and legal action. This guide covers best practices for conducting test purchases and building airtight cases.

Why Test Purchases Matter

Test purchases serve multiple critical functions:

• Confirm counterfeiting: Verify that suspected fakes are actually counterfeit
• Document evidence: Create physical proof for enforcement
• Strengthen takedowns: Platform reports with test purchase evidence have higher success rates
• Build legal cases: Provide foundation for litigation if needed
• Track seller patterns: Identify repeat offenders and supply chains
• Protect consumers: Verify the scope and severity of counterfeiting

Test purchases are essential for effective takedown strategies.

Planning Your Test Purchase Program

Targeting Decisions

Focus test purchases strategically:

• High-volume sellers: Those with significant sales impact
• Repeat offenders: Sellers who return after previous takedowns
• Price anomalies: Prices significantly below market suggest counterfeits
• Suspicious indicators: Poor images, vague descriptions, new seller accounts
• Strategic markets: Key platforms and geographic regions

Budget Allocation

For guidance on budget-friendly approaches, see our small business protection guide.

• Allocate budget based on product value and risk
• Factor in shipping costs, especially international
• Consider authentication testing costs if needed
• Balance quantity of purchases vs. depth of documentation

Legal Preparation

Before beginning, address legal considerations:

• Ensure trademark registrations are current
• Document chain of custody procedures
• Prepare authentication protocols
• Consult counsel if contemplating litigation

Executing Test Purchases

Account Setup

Use appropriate purchasing accounts:

• Consumer-style accounts: Should not indicate brand affiliation
• Neutral names and addresses: Avoid corporate addresses if possible
• Payment methods: Standard consumer payment (avoid corporate cards if discretion needed)
• Multiple accounts: Avoid using same account for repeated purchases from same seller

Purchase Documentation

Document thoroughly from the start:

• Screenshot the listing before purchase (full page with URL and date)
• Capture seller information and contact details
• Record all purchase transaction details
• Save order confirmations and receipts
• Note expected delivery timeframe

Shipping and Receiving

Handle incoming products carefully:

• Note carrier and tracking information
• Photograph the unopened package as received
• Document all shipping labels and return addresses
• Open package carefully to preserve evidence
• Photograph contents immediately upon opening

Product Authentication

Visual Inspection

Compare to known authentic products:

• Packaging quality and printing
• Product materials and construction
• Labels, tags, and markings
• Serial numbers and batch codes
• Size, weight, and dimensions

Technical Verification

Use authentication technologies if available:

• Scan QR codes or NFC chips if present
• Verify serial numbers against your database
• Check hologram features against authentic samples
• Test functionality for electronics or other testable products

Laboratory Testing

For certain products, consider lab analysis:

• Ingredient analysis for cosmetics and supplements
• Material composition testing
• Safety testing for electronics
• Preserve samples for potential future testing

Documentation Best Practices

Photography Standards

• Use consistent, well-lit photography setup
• Include scale reference in photos
• Photograph all angles and details
• Capture defects and inconsistencies
• Create comparison photos with authentic products

Chain of Custody

Maintain evidence integrity:

• Document who handles products and when
• Store evidence securely
• Label all items with case information
• Preserve original packaging
• Consider notarized declarations if litigation anticipated

Written Reports

Create comprehensive documentation:

• Chronological narrative of purchase and receipt
• Detailed product comparison findings
• Authentication conclusions with supporting evidence
• Seller information compilation
• Recommendations for enforcement action

Using Test Purchase Evidence

Platform Takedowns

Strengthen takedown requests with evidence:

• Include photos showing product is counterfeit
• Attach purchase documentation
• Provide side-by-side authentic comparison
• Reference specific differences proving counterfeiting

Follow our takedown strategy guide for submission best practices.

Legal Proceedings

Test purchase evidence supports legal action:

• Demonstrates actual counterfeiting (not just suspicion)
• Proves seller is actively selling fakes
• Establishes damages for civil claims
• Provides physical evidence for court

Customs Enforcement

Support customs seizures with test purchase intelligence:

• Identify shipping origins and methods
• Provide seller and supplier information
• Document packaging characteristics for identification
• Supply authentication guidance for customs officers

Scaling Your Test Purchase Program

In-House vs. Third-Party

Consider your options:

• In-house: More control but requires dedicated resources
• Third-party services: Scalable but less brand-specific knowledge
• Hybrid approach: Outsource purchases, conduct authentication internally

International Test Purchases

For international protection:

• Use local addresses in target markets
• Consider forwarding services for consolidation
• Account for longer shipping times
• Understand local customs implications

Process Automation

Systematize for efficiency:

• Standardized documentation templates
• Case management tracking
• Evidence storage systems
• Reporting workflows

Common Mistakes to Avoid

• Poor documentation: Insufficient evidence weakens cases
• Broken chain of custody: Evidence integrity issues can invalidate findings
• Identifying yourself: Using obvious brand-affiliated accounts
• Single-point testing: One purchase may not be representative
• Delayed action: Evidence becomes stale; sellers may disappear
• Ignoring seller patterns: Missing connections between related sellers

Measuring Program Effectiveness

Track these metrics:

• Test purchases completed by platform/region
• Counterfeit confirmation rate
• Takedown success rate with test purchase evidence vs. without
• Cost per confirmed counterfeit
• Time from purchase to enforcement action

Taking Action

Test purchases transform suspicion into evidence. A well-executed test purchase program provides the concrete proof needed for effective enforcement, whether through platform takedowns or legal action. Start by identifying your highest-priority targets, establishing documentation procedures, and building a systematic approach to test buying.

BrandedOps supports test purchase programs through our Instant Takedown Center, which streamlines evidence packaging and submission. Our platform helps you track test purchases, document findings, and build compelling enforcement cases. Start your free brand audit to identify the sellers most deserving of test purchase investigation.