🛍️ Perdura IP Litigation Series

Test Purchase & Trap Purchase Planning

A Checklist for Physical Counterfeit Evidence

Physical evidence of a counterfeit product is evidence no screenshot can replicate.

  • Plan the purchase before you execute — objectives, identity, entrapment assessment
  • Capture the listing before purchase — timestamped, hashed, complete
  • Document the purchase flow — cart, checkout, confirmation, shipping
  • Document receipt and opening — video or photographic sequence
  • Document the product in detail — all sides, trademark elements, defects
  • Prepare a test purchase witness statement — chain of custody confirmation
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Pre-buy
Listing capture timing
The listing capture must precede the purchase. This establishes what was offered for sale at the moment of the transaction — a distinct and important evidential point from what was received.
4
Product documentation angles
All four sides of the product, plus close-up photographs of trademark elements, authentication features, and any quality defects — the minimum required for a comprehensive product exhibit.
100%
Packaging retention required
Every element of the shipment — outer packaging, inner packaging, inserts, invoices, customs declarations, and void fill — must be retained as a physical exhibit and logged.
Key Principle
The evidentiary record of a test purchase begins before the first click — with a timestamped capture of the listing in its pre-purchase state. Evidence of what was offered for sale at the moment of purchase is as important as the product received.
What's Inside

7 steps for defensible test purchases.

I Plan the Purchase Before You Execute — objectives, identity, entrapment assessment
II Capture the Listing Before Purchase — timestamped, hashed, complete
III Document the Purchase Flow — cart, checkout, confirmation, shipping
IV Document Receipt and Opening — video or photographic sequence
V Document the Product in Detail — all sides, trademark elements, defects
VI Retain All Packaging and Documentation — every element as a physical exhibit
VII Prepare a Test Purchase Witness Statement — chain of custody confirmation