Counterfeits are imitation products that copy a business’s trademarks, images, or designs. These products are not only sold on the black market. With the growing popularity of online selling, counterfeits also find their way into online marketplaces such as Amazon, eBay, and even fake websites. Counterfeit products can threaten your brand’s reputation, business revenue, and even your customers’ safety. To protect your brand online, it is essential to understand the legal tools available and take steps to remove the infringing products.

The first step in removing counterfeit products is identifying the type of infringement. Counterfeiting can take several forms, such as trademark violations, copyright infringements, or patent infringements. Trademark violation occurs when exact copies of your logo, name, or packaging are used to mislead customers. In copyright infringement, counterfeiters typically use images, videos, or other creative content to make their listings appear authentic. Patent infringements happen when others copy functional features or processes of your product. Understanding which type of intellectual property (IP) is being violated is key to targeting your enforcement efforts effectively.

Once you know what is being infringed, the next step is to gather necessary evidence. This may include screenshots of the misleading listings, seller information, prices, and item IDs. Additionally, gather proof of your ownership, such as trademark registrations, design right certificates, or patent documentation. Having such documentation can help speed up the resolution process.

Next, report the counterfeit listings. Most major e-commerce platforms provide dedicated ways for filing intellectual property complaints. To successfully remove a counterfeit listing, ensure that you submit a detailed notice, complete with your evidence and registration numbers. A takedown request can not only remove a listing, but it can also impose account restrictions for the counterfeiters. If your case involves social media platforms, it may be prudent to invest in brand verification, as this gives you extra protection against false or counterfeit listings.

In cases where a takedown request is not sufficient, you can contact the website’s domain registrar or hosting provider. By submitting your evidence of infringement and proof of your IP ownership, registrars and hosting companies can suspend or disable the domain violating their terms of service. If your case involves copyrighted material, the Digital Millennium Copyright Act (DMCA) provides a legal framework to remove infringing content from online platforms.

Another effective legal avenue is sending a cease-and-desist letter directly to the seller. This letter notifies the infringing party that they are violating your intellectual property rights and demands that they stop selling the counterfeit products immediately. A clear legal warning from your attorney may be sufficient to make the seller remove the items voluntarily. If they ignore the letter, it can create a documented record that strengthens your case, should you seek further legal action in court.

When counterfeiting is very damaging or persistent, you may need to take legal action. You can file the matter in court and pursue remedies such as injunctions stopping the sale, monetary compensation of lost profits, attorney fees, and even damages for willful infringement

Contact the Internet Law and Social Media Attorneys at Revision Legal

For more information, contact the experienced Internet Law and Social Media Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

The INFORM Consumers Act: New Seller Transparency Requirements

The Integrity, Notification, and Fairness in Online Retail Marketplaces (INFORM) Consumers Act, enacted in 2023, requires high-volume third-party sellers on online marketplaces to provide verified contact information, bank account details, and government-issued identification to the platform. Platforms must make this information available to consumers on request and must suspend sellers who fail to comply. The law is specifically designed to make it harder for counterfeit sellers to operate anonymously. Brand owners should leverage INFORM Act provisions when submitting infringement complaints to platforms: the availability of seller identity information strengthens your ability to pursue civil claims or refer the matter to law enforcement when a pattern of counterfeiting is established.

Amazon Brand Registry and Project Zero

Amazon’s Brand Registry is the foundational tool for trademark owners selling or enforcing on the platform. Enrollment requires an active, registered trademark in the relevant jurisdiction and provides access to automated protections, enhanced content tools, and a streamlined infringement reporting interface. Amazon’s Project Zero program adds proactive brand-side controls: enrolled brand owners receive automated counterfeit removal based on registered product characteristics and gain the ability to directly delete counterfeit listings without waiting for Amazon’s review team. Project Zero also employs serialization technology—unique codes embedded in products during manufacturing—that allows Amazon to verify product authenticity at receipt.

Customs Recordation and Border Enforcement

U.S. Customs and Border Protection (CBP) has authority to detain, seize, and forfeit goods that infringe recorded intellectual property rights at the U.S. border under 19 U.S.C. § 1526 (trademarks) and 19 U.S.C. § 1595a (copyrights). Recording your trademark registration with CBP through the e-Recordation system enables CBP officers to identify and hold infringing shipments before they enter the domestic market. Once goods are detained, CBP notifies the rights holder, who may seek forfeiture or provide assistance in identifying the counterfeit merchandise. CBP enforcement is particularly powerful against counterfeit goods manufactured abroad, which account for the vast majority of counterfeit products entering the U.S. market.

Civil Litigation and Damages Under the Lanham Act

When platform takedowns and cease-and-desist letters are insufficient to stop a persistent counterfeiter, federal litigation under the Lanham Act provides powerful remedies. Under 15 U.S.C. § 1117(c), trademark owners who successfully prove counterfeiting may elect statutory damages of $1,000 to $200,000 per counterfeit mark per type of good, or up to $2,000,000 per mark per type in cases of willful counterfeiting—without needing to prove actual damages. Courts can also issue ex parte seizure orders—without advance notice to the defendant—to seize counterfeit goods, records, and means of production before the defendant can destroy evidence or move assets.

Criminal Referrals and Law Enforcement Resources

Trademark counterfeiting is a federal crime under 18 U.S.C. § 2320, punishable by fines of up to $2 million and imprisonment of up to 10 years for first-time offenders. The National Intellectual Property Rights Coordination Center (IPR Center), operated by Homeland Security Investigations, coordinates federal investigations and prosecutions of large-scale counterfeiting operations. Brands that have identified significant counterfeiting networks—particularly those involving safety risks to consumers—should consider making a formal referral to the IPR Center or their local HSI field office. Supporting a criminal investigation with brand expertise and product authentication documentation can accelerate enforcement action while shifting the litigation burden to the government.

Counterfeit goods undermine the value of everything you have built. Revision Legal helps brand owners register and record intellectual property, enforce rights on online marketplaces, and pursue civil litigation against persistent counterfeiters. Contact us to develop an enforcement strategy, or visit our Trademark Law practice page to learn more about protecting your brand online.