1. The Client's Situation
The client sought to organize its determination of infringement and its response direction, as its branded products were being resold without authorization by third parties on online platforms, or sales violating its minimum price policy were occurring repeatedly. In particular, it needed to determine which law - the Trademark Act, the Unfair Competition Prevention Act, or the Copyright Act - should serve as the basis for its measures, and to systematically operate the procedures from sending a certified letter (content-certified mail) through to filing a complaint. The client requested the establishment of a process that could respond swiftly in the event that infringement recurred, by standardizing the previous practice in which individual staff members had responded on an ad hoc basis.
2. Your Legal Team's Advice
Your Legal Team classified the cases of unauthorized reselling and unauthorized use of trademarks by type, and clearly organized the criteria for determining infringement and the legal grounds. By designing a step-by-step timeline including certified letters, the team structured the matter so that the client could respond based on consistent standards. In addition, the team organized, in the form of a checklist, the measures that are easily overlooked in practice - such as verifying seller information, tracing transaction records, and securing evidence to prove trademark infringement - so as to prevent omissions in the work of in-house staff.
3. Outcome
As a result, the client secured a "standard infringement-response process" that allowed it to systematically monitor unauthorized sales on online platforms and to swiftly proceed with legal measures. By taking measures in stages - certified letters, platform reports, and complaints - against recurring price policy violations and unauthorized reselling, the client simultaneously achieved a reduction in the number of infringements and an effect on brand management. The client utilized this process as an internal manual, establishing a practical foundation that enables it to respond immediately when new infringements occur in the future.