FAQ
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Counterfeiting
General questions regarding counterfeit goods.
What does the term IP Cybercrime mean?
The violation of trademark, patent or copyright law utilizing Internet technology in part of in whole. Some examples are counterfeiting (watches, handbags, DVDs, etc.); peer-to-peer file sharing (songs, movies, software) & cybersquatting (the use of a trademarked name in a domain name). “IP” is an abbreviation for the term “Intellectual Property”. The phrase was first coined by our founder Rob Holmes in 2003.
Why are trademarks so important?
Trademarks are the basis of much of the world’s economy. A trademark helps consumers recognize a product or company that may be known for its quality, integrity or high safety standards.
How do sites still sell product if it is illegal?
As it is difficult to stamp out any type of crime 100 per cent, brand owners and law enforcement agencies are limited by budgets and rules to which many criminals are often not bound. Eventually, everyone does get caught.
How do you determine which online items are fake and which aren't?
First, if the price is too good to be true, it probably is. There is no way to tell from a photograph if the product you will receive will be counterfeit. Many counterfeiters use photographs of genuine goods to lure you to make the purchase.
How do sites obtain fake product? Where does fake merchandise come from?
There are large underground networks, much like distribution channels of legal products. Fake goods are commonly manufactured in China and distributed throughout the world.
What types of products are counterfeited?
All types of consumer products are affected by counterfeiting including apparel, accessories, electronics, electrical products, food, house ware, hardware, pharmaceuticals, sporting goods, toys and more.
How do I know if a product is counterfeit?
We recommend only purchasing from an authorized dealer to guarantee yourself genuine goods. Brand owners usually have their dealers listed on their websites. If not, you may call their customer service department and ask them. Some brand owners actually have a section of their websites dedicated to educating consumers on how to identify fake goods.
Is it illegal to buy/sell counterfeits?
It is a felony almost everywhere to sell counterfeit goods. Many sellers see jail time, and almost all of them pay steep civil penalties. Some municipalities have made purchasing counterfeit goods a crime, and laws are being passed regularly to tighten these.
As a consumer what can I do to stop counterfeiting?
Tell others not to buy counterfeits and set an example by not buying them yourself.
Whom should I contact if I suspect an online purchase I made to be fake?
The next step would be to contact your local police department or the customer service department of the brands you see being counterfeited.
What's so bad about buying counterfeit merchandise?
You are encouraging illegal activity, setting a poor example for children, contributing to organized crime and taking jobs from taxpayers.
How do I know if a product I have purchased on eBay is counterfeit?
If it was shipped from China, it is probably counterfeit. Otherwise, check with your local authorized retailer.
I spent a lot of money on a designer item from eBay so it must be real because of the high price point. Is that true?
No. Many sellers of counterfeits price their products high for that reason. To deceive consumers into thinking it may be genuine.
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Our Company
Here are some details about our firm and its history
What does your company do?
We investigate the unauthorized use of trademarks, copyrights and patents to better enable brand owners, attorneys and law enforcement to implement appropriate strategy.
Are you a detective agency or an internet company?
We are both! We are a fully licensed and insured Private Investigations firm, as well as an Internet venture.
How is your company different from other online investigators?
Our management has been involved in investigating the sale/distribution of counterfeit goods since the early 1980s. When sellers turned to the Internet, we were there as well. Many online investigators think mere computer skills will help them catch counterfeiters. That is not true. A good IP Cybercrime investigator needs to have many years behind him/her in both arenas to be effective.
How long have you been in business?
This company first opened in 2001. We were previously called The Holmes Detective Agency until 2005 when we realized our entire business was investigating IP (Intellectual Property) cases online. Hence IPCybercrime.com!
How many combined years of experience in anti-counterfeiting investigations does your management team have?
Over thirty years combined experience. Two of our Managers have been working full time in this business since the early 1990s and another since 2001. In fact, we carry experience going back to the 1980s as well, as two of our managers’ parents previously ran a similar detective agency.
Why did your company relocate from Los Angeles, CA to Dallas, TX?
After many years in California we felt that, in order for a company to grow, we must move to a city with a stronger job market and better laws conducive to small business. In 2008, Plano TX was noted as being the most affluent city in the US, and the greater Dallas area as America’s strongest job market.
Do you investigate credit card fraud for individuals?
We do not, but highly recommend contacting the Federal Trade Commission regarding these matters.
Does your company hold a liability insurance policy?
Yes. We have $3,000,000 liability insurance.
Who are your services for?
Anyone who has a brand/trademark to protect.
Do you accept assignments from the general public or only corporate brand owners?
Only from trademark owners or their designated agents, such as their attorneys.
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Our Services
Here, we provide detailed explanations about our services and what we do.
What services do you offer?
Litigation Support, Major Case Consulting, Test Purchases, Investigative Buys, Trace Investigations, Auction Monitoring, & Internet Policing are some of our services.
What is your average turnaround time for an undercover purchase assignment?
Every purchase is made the same day as it is assigned to us, and it is processed the same day it is received in our office, then shipped out quickly to our client. The only variable/delay is in the quality of service of the subject we are investigating.
What is your average turnaround time for an investigation?
Once the goods are received, the investigation begins immediately. With the exception of extremely difficult cases, a client can expect a full completed report within two weeks of receiving the goods.
Does your company require a retainer to begin an assignment?
Yes, we do require payment in advance.
What websites does your company “police” for counterfeits?
Counterfeit activity on the World Wide Web can occur in any one of millions of locations. Listings for this activity are found in areas we have categorized as follows: Search Engines (e.g. Google, Yahoo!, Open Directory Project, Microsoft Live, and Ask); C2C/B2C (e.g. eBay, iOffer, Sell.com, Craigslist, Amazon & individual e-commerce sites); B2B (e.g. Alibaba, ECPlaza & TradeKey are examples of these); Social Media/Blogs (e.g. MySpace, Facebook, LinkedIn & Bebo).
Do you conduct field investigations?
Yes we do. We serve cease & desist letters and conduct covert purchases locally and all over the world.
Can you interact with law enforcement in order to pursue criminal action?
Yes. In fact, we have had much success in this area.
What law enforcement agencies do you have relations with?
We work regularly with Federal and local law enforcement all over the United States and Canada.
How elaborate are your undercover identities? And what do you do to insure their secrecy?
We always use state-of-the-art counterintelligence techniques, all of which are legal, but many are not public. We are always ahead of the pack in this area and hence, ahead of the criminals.
Can you have undercover purchases shipped to an international location or only within the United States?
Our primary delivery areas are within the United States, but we do have affiliates in other countries for situations that call for such.
How do you know who operates the website?
During the buy process, we utilize a very painstaking process while creating what we call the “Virtual Crime Scene”. Once the goods are received, we typically have all of the data we need to identify the suspect.
Where are your undercover purchases delivered?
We have undercover identities located all over the United States, in more than seven choice court districts based on where many clients prefer to file suits. For a slightly lower cost and shorter wait time, a purchase can delivered directly to our local area, which is the Eastern District of Texas
What court jurisdictions do you cover for undercover purchases?
For confidentiality reasons, we do not post this information publicly. If you are a qualified potential client, please call our office at (972) 422-2100 and we will be glad to provide that information.
Can you create an undercover identity in my district?
Yes, we can. We charge $1,000 for the creation of an identity in a custom location. We maintain control of that identity and operate it autonomously from our offices.
Will you investigate someone who ripped me off?
We do not work directly for the public in these matters, but recommend contacting the customer service department of the brand product you had received and report it to them to take possible action.
Do you only investigate counterfeiting?
No. We are a full service detective agency, with a primary focus on intellectual property.