If the Merchant or Acquirer 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 Merchant and the IP Owner 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 Merchant and/or the Acquirer. At Visa’s sole discretion, an IP Owner may be required to defend, indemnify and hold Visa harmless against any claim by the Merchant, Acquirer, 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 Acquirer for any attorneys’ 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.