Please provide evidence that the allegedly infringing goods can be purchased using a Visa payment card. Acceptable evidence includes a screenshot of the Visa logo being used on the Merchant website at check-out. Successful test purchases using a Visa card are highly encouraged but not required. Evidence of a test purchase can be extremely helpful to expedite the processing of the IP Owner’s submission. Reliable test purchase evidence includes the, 16-digit Visa card number, transaction date and transaction amount. To maintain compliance with the Payment Card Industry Data Security Standards (PCI DSS) rights holders are instructed not to send card information over the internet. Visa will contact the IP Owner by phone to request the card number if the IP Owner’s submission states a successful test transaction was conducted.
a. IP Owner Company Name
b. IP Owner Point of Contact (Name, Title, Business Address, email and Phone Number)
Evidence demonstrating that the IP Owner owns the copyrights or trademarks allegedly infringed by the goods on the Merchant website and that such rights prohibit the sale of such goods by the Merchant in the country where the Merchant is located or in the country(ies) to which the Merchant has sold or has offered to sell the allegedly infringing goods. Acceptable evidence of the IP Owner’s rights may include, but is not limited to, registration numbers or copies of registration certificates issued by a government agency.
A signed attestation by the IP Owner (or if the IP Owner is a company, a signed attestation by an authorised officer of the IP Owner) under penalty of perjury under the laws of the jurisdiction in which the attestation is signed that: (a) after a reasonable enquiry by the IP Owner, all of the information and evidence provided by the IP Owner to Visa is true and accurate to the best of the IP Owner’s knowledge; (b) the IP Owner has not authorised the Merchant to sell the goods at issue and the sale of such goods is not permitted by law in the relevant jurisdiction; and (c) the Merchant’s sale of the goods at issue is likely to be considered an infringement of the IP Owner’s intellectual property rights by a court of competent jurisdiction in the relevant jurisdiction. Visa will not accept submissions without a signed Attestation by the IP Owner. Visa will only accept submissions directly from the IP Owner or licensed attorneys acting on behalf of the IP Owner; provided, however, that Visa reserves the right to require an appropriate written power of attorney from the attorney purporting to act on behalf of the IP Owner.
Upon receiving the above required information, Visa will initiate an action to identify the Merchant’s Acquiring Bank, forward the IP Owner’s submission to the appropriate Acquirer, and instruct the Acquirer to initiate an investigation into its Merchant. If the Merchant does not agree to cease selling the goods at issue, or if the Merchant does not provide evidence that supports a genuine issue regarding the lawfulness of the Merchant’s sale of the goods at issue, the Acquirer will be expected to terminate processing Visa payments for the Merchant.
If the Merchant provides evidence that supports a genuine issue regarding the lawfulness of the Merchant’s sale of the goods at issue, such written evidence will be provided to the IP Owner. If Visa determines that there is a genuine dispute between the IP Owner and the Merchant regarding the lawfulness of the Merchant’s sale of the goods at issue, Visa will direct the IP Owner to directly address its concerns with the Acquirer and/or the Merchant. At Visa’s discretion, an IP Owner may be required to defend, indemnify and hold Visa harmless against any claim by the Merchant or other affected parties relating to the investigation and any subsequent remedial action taken regarding the Merchant, including, but not limited to, paying Visa and the Acquiring Bank for any lawyers’ fees, costs and damages they may incur in connection with the dispute. Maintaining trust in electronic payments in the face of intellectual property abuse is a responsibility shared by Visa, IP Owners, law enforcement and other entities that operate in the e-commerce space. Visa takes IP infringement seriously, and will continue to work collaboratively with stakeholders to assist in preventing illegal transactions occurring over the Visa network.