Every brand has unique challenges when it comes to addressing the many and varied online disruptions that thwart their go-to-market strategies and commercial goals. One-size-fits-all approaches are not effective, so we tailor our eControl programs to meet your brand’s needs, capabilities, and commercial objectives. Backed by a team of legal, investigative, brand protection, technology and data professionals, Vorys eControl offers the unprecedented experience and end-to-end support your brand needs to confidently take control in today’s hyperconnected omnichannel market:
Vorys eControl has counseled hundreds of brands across many product verticals on how best to control their digital channels. Our team will review relevant aspects of your business, existing legal frameworks, and key data insights, together with your overall commercial goals. We leverage in-depth online market analysis and cutting-edge legal insights to develop customized eControl programs designed to combat the specific disruptors that are impeding your brand’s success.
Our data-led strategy consultation process develops the right eControl frameworks for your individual organization. Engaging with your key internal stakeholders, our eControl attorneys guide your team through a comprehensive business impact assessment. This includes analysis of your existing online marketplace channel strategies, areas of disruption and their associated commercial impact, as well as the viability of, and gaps in, your existing processes. These insights are then used to design a customized eControl Program for your company with a complete project management implementation plan.
Achieving true digital channel control involves more than implementing new policies and doing enforcement; it requires strong cross-functional alignment and new process implementation within your company. We offer comprehensive guidance, training, and support tailored to align executive leadership, operational teams, sales teams, and other key stakeholders, ensuring a unified approach in embracing and adapting eControl initiatives for the benefit of the overall business. We’re with you every step of the way. By fostering collaboration and clear communication across functions, we aim to minimize disruption, facilitate smooth change integration, and secure widespread adoption.
A critical initial step towards digital channel control is establishing appropriate control over your brand’s authorized sellers. Our reseller management capabilities help brands prevent marketplace disruption.
We have led the design and implementation of hundreds of authorized reseller programs across virtually every product category and channel structure. Our programs are designed to clearly outline and communicate your brand’s distribution policies, ensuring products are sold where, how, and to whom you intend. This enables you to restore control over your sales channels to help prevent diversion and maintain channel integrity, product quality, customer satisfaction, and brand reputation.
We help brands safeguard their brand value through the implementation and enforcement of Minimum Advertised Price (MAP) and other pricing policies. Our strategies are designed to ensure that your products maintain their perceived value across all sales channels. Our team guides you through each phase of implementing a successful MAP program—from document preparation to executing enforcement strategies.
Vorys eControl’s Online Quality Control Auditing Programs ensure your brand’s integrity is maintained from production to consumer. By closely monitoring and enforcing quality standards with authorized sellers, these programs help prevent subpar products from damaging your brand’s reputation, ensuring that only the best reaches your customers.
To achieve digital channel control, your brand must have a comprehensive set of investigative and enforcement capabilities to address the ever-changing disruptors impacting their business. Our robust suite of investigative and enforcement services designed to address diverters, unauthorized sales, platform violations, counterfeit goods, infringements, and MAP policy violations (US only) and more allow brands to swiftly address a wide range of illicit activity in an effective and compliant manner. Our capabilities are bolstered by advanced monitoring technology and data analytics, which allow our team to prioritize the key issues impacting our clients’ commercial goals.
Vorys eControl clients are able to leverage our proprietary Seller Intelligence database, detailing unauthorized seller identities, responsiveness to enforcement actions, and product sourcing methods. This unique, purpose-built resource helps tailor our recommended strategies, anticipate seller moves, and drive results in an efficient and effective manner.
Our team of eControl investigators excels in uncovering the people behind online seller accounts and product diversion schemes worldwide. Using a combination of open-source intelligence and proprietary databases, our team goes beyond the often inaccurate and misleading published seller information to reveal the real operators behind disruptive online activity.
Our legal teams have the ability to leverage our dedicated enforcement center and proprietary software to manage communications with unauthorized sellers and other entities requiring action. This approach allows brands to undertake extensive enforcement activities judiciously and economically.
Under the guidance of our attorneys, our experienced Brand Protection team uses platform-based enforcement techniques to help clients efficiently meet their commercial and legal goals. Our team’s capabilities span the globe across all major platforms. Rather than touting vanity metrics like “takedowns” on obscure sites, we strategically coordinate with clients to determine which channels and activities are most critical and advise on best practices.
The Vorys eControl Litigation team has a wide variety of experience related to both affirmative and defensive litigation strategies centered around protecting a brand, its go to market strategy and its trademarks. Our capabilities include selecting appropriate third-party targets for affirmative litigation and pursuing claims against those targets, including claims for trademark infringement under the Lanham Act, state trademark statutes, and state unfair competition laws. We also help brands defend themselves in litigation when third-party sellers file lawsuits related to brand reporting efforts and other predatory attempts by third-party sellers to continue infringing conduct. We also routinely represent brands in connection with litigation options related to known or suspected counterfeiters.
In addition, we frequently assist clients in connection with the Amazon Patent Evaluation eXpress (APEX) process, as well as pure intellectual property infringement issues.
Vorys eControl is committed to helping brands implement eControl programs that are legally compliant and guiding brands as they navigate a variety of eControl-related compliance issues. We are not generalists—we have deep experience in a range of complex compliance issues, including antitrust and competition laws, pricing policies, international trade, privacy and data protection laws, dealer termination laws, consumer protection matters and a variety of other eCommerce related issues.
By leveraging our extensive understanding and experience in the relevant legal landscape, we will help you quickly understand the relevant issues, mitigate risks, avoid costly litigation, and maintain a compliant position across your digital channels.
Navigating antitrust and competition laws is a complex endeavor. Vorys eControl is at the forefront of aligning proven digital channel control strategies with tailored antitrust advice, helping brands evaluate risk and develop practical approaches across relevant issues.
Vorys eControl brings comprehensive experience when addressing antitrust issues like resale price maintenance, Robinson-Patman Act compliance, paid search/keyword bidding restrictions, non-price vertical restraints, and many other competition considerations under the federal and state antitrust laws and international competition laws (in particular under EU and UK rules).
Our approach includes proactive education training to ensure your team is well-equipped to compliantly handle communication and operational challenges.
Vorys eControl offers extended privacy compliance services to our brand clients. Our expertise covers a broad spectrum of privacy regulations, including GDPR in Europe, CCPA in California, and other emerging privacy laws worldwide. We help brands develop and implement robust privacy policies and practices to comply with today’s regulations and anticipate tomorrow’s trends and requirements.
Using data audits, risk assessments, and compliance training, Vorys eControl helps protect your brand against potential legal risks and acts as a responsible steward of personal data. Whether you’re looking to refine data collection practices, enhance data security measures, or navigate the intricacies of international data transfer, our team has you covered.
Vorys eControl has significant experience ensuring that your brand’s website is fully compliant with the Americans with Disabilities Act (ADA) website standards, as well as defending companies sued for alleged ADA website violations. Our team provides comprehensive audits, strategic recommendations, and implementation support to make your website accessible to all users, including those with disabilities. By leveraging the latest in accessibility technology and industry best practices, we help brands avoid legal risks and enhance the user experience. Our approach not only focuses on compliance with current ADA guidelines but also anticipates future regulations, ensuring your website remains accessible and inclusive.
The rise of eCommerce has prompted many brands to launch direct-to-consumer (D2C) channels or reimagine how existing digital channels fit into their overall go-to-market strategy. While D2C channels present low barriers to entry, they also bring a host of legal compliance issues in the areas of advertising, marketing, data privacy, retail website operations, and consumer protection. Whether it is updating your website’s terms of use or privacy policy, advising on the structuring of a social media influencer agreement, or counseling regarding product packaging regulations, Vorys eControl is equipped to help your brand manage risk while maximizing growth opportunities.
Offering product warranties and satisfaction guarantees can give brands an edge in the marketplace; however, they may require additional compliance considerations. Vorys eControl offers practical advice for brands to comply with key federal and state laws including the Magnuson-Moss Warranty Act, FTC Act, and California’s Song-Beverly Consumer Warranty Act, ensuring that these consumer benefit offerings don’t become a brand’s legal compliance burden.
Vorys eControl uses advanced monitoring technology to identify and quantify commercial disruption. Our technology and data capabilities allow us to hone in on disruptive actors and help formulate the best approach for dealing with them. Our ability to identify the specific unauthorized sellers capturing buy box, disrupting brand value, or otherwise interfering with our client’s go-to-market strategies is a critical advantage in implementing and managing eControl programs focused on delivering measurable commercial impact.
Over the past decade, Vorys eControl has built a proprietary database from historical enforcement actions. Information includes seller identifications, product source information, and analysis related to type of seller. This ever-growing data set allows us to provide clients with comprehensive seller information and craft efficient enforcement strategies.
Powered by Precision eControl, an ancillary business of Vorys, brands can capitalize on potential opportunities revealed through data-driven insights, management of authorized sellers across distribution channels, and transformational disruption identification. The Precision platform helps inform Vorys enforcement techniques and recommendations to combat disruption that allow brands to optimize advertising, improve marketing ROI, enhance distribution partnerships, and explore avenues for growth in new markets and channels.
Tracer is a cutting-edge global technology platform that synergizes with Vorys eControl to achieve precise and efficient brand protection strategies across online marketplaces. Harnessing Tracer’s advanced automation and intelligence, Vorys tailors enforcement techniques and recommendations that help deliver optimal results for brand protection and intellectual property enforcement on virtually every marketplace, social channel, and other sites across the globe.
In today’s interconnected global market, safeguarding your brand’s integrity and ensuring consistent control across multiple geographies is more crucial than ever. Vorys eControl extends its expertise beyond the US, with offices in the UK and Europe, ensuring your brand is protected and accurately represented in these key markets. Beyond these regions, our eControl Global® Coalition expands our reach to include Canada, Australia, Mexico, and China, providing a comprehensive network of legal and strategic solutions tailored to the unique challenges of each locale. Whether your brand is navigating the complex web of applicable laws or seeking to better manage and control distribution worldwide, Vorys eControl is your partner in establishing a consistent and powerful brand presence on a global scale.
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