Counterfeit Chaos Online: How Rights Holders Can Fight Back in E-Commerce

The Growing Challenge of Counterfeit Goods Online

The rise of e-commerce has significantly increased the circulation of counterfeit goods but all is not lost. Whilst online marketplaces create significant opportunities for the unauthorised use of trade marks, designs, patents and copyright by allowing third-party sellers to reach global audiences, rights holders can take enforcement action through platform reporting tools, customs, cease and desist letters and proceedings where necessary.

Taking Action Against Online Infringement

Whilst rights holders are increasingly exposed to infringement at scale, often across multiple platforms and jurisdictions simultaneously, knowing how to act and when to act and how to engage with the online selling platforms is key in removing counterfeit goods.

Firstly, proactive monitoring is essential, as counterfeit listings can appear and disappear quickly across multiple platforms. In practice, effective enforcement requires speed and coordination across multiple jurisdictions, bodies and platforms.

Secondly, many major e-commerce operators and social media platforms have developed internal procedures which enable right holders to enforce their rights. Knowing how to use these procedures effectively is essential.

Protecting Your Brand in the Digital Marketplace

For rights holders, a proactive strategy is therefore critical and a coordinated enforcement approach is often necessary to effectively protect brand integrity in the fast-moving digital marketplace.

For more information on brand protection and enforcement please contact Niamh Gibney or James Tansey.

The content of this article is provided for information purposes only and does not constitute legal or other advice.