As brands remain continuously visible across global platforms and social media, protecting brand integrity is now a vital and strategic priority.
Counterfeit products are unauthorised replicas of genuine branded goods, produced without permission and designed to deceive consumers by mimicking the original’s appearance and trademarks while ignoring quality and safety standards.
The challenge for brand owners lies in the increasing difficulty of detecting these counterfeits, which now operate on global e-commerce platforms, social media, and alternate supply chains, often using the brand’s own imagery and trademarks. By the time a brand owner identifies the issue, counterfeit activities may be widespread.
To effectively combat counterfeiting and trademark infringement, and mitigate reputational, legal, and operational risks, brand owners and organisations must establish and maintain a structured, comprehensive brand-protection strategy and framework.
According to World Intellectual Property Organisation (WIPO), IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
WIPO and national IP offices protect trademarks, copyrights and related rights, industrial designs, patents, trade secrets, geographical indications, new plant variety protection, unfair competition, and domain registrations. They also cover traditional cultural expressions (TCE), traditional knowledge (TK), and genetic resources (GRI) linked to indigenous peoples and local communities.
What are the risks of not having a brand protection strategy?
Without a brand protection strategy, organisations face substantial risks, including:
- Damage to brand reputation
- Legal and compliance exposure
- Loss of revenue and market share
- Supply chain vulnerabilities
- Website and broader online exposure
- Risks to long-term sustainability
How to check if your brand Is being infringed or counterfeited?
Counterfeiting and trademark infringement often begin without clear, visible warning signs. Early indicators tend to be indirect: customer complaints about suspicious or fake products, unusually low‑priced listings, distributors reporting unexpected drops in orders, or findings from market survey irregularities. By the time the issue is confirmed, the counterfeit or infringing activity may already be operating across multiple channels.
This section outlines how to detect suspected infringement, where it typically appears, what evidence or anomalies to review, and when those findings warrant a formal investigation and enforcement action.
Where do trademark infringement and counterfeit products commonly appear?
| Online Sources | Offline Sources |
| eCommerce platforms: Amazon, eBay, AliExpress, Alibaba, Etsy, Noon, DHGate, Temu, Facebook Marketplace, Dubizzle, Shopee, Lazada | Shops, trading offices, market stalls or bazaars, wholesalers/industrial zones, souq. |
| Social media platforms: Facebook, Instagram, TikTok, X, WhatsApp, Telegram, Pinterest, WeChat, SnapChat. | Covert site visits across warehouses, storage facilities, trading shops, logistics providers, and other entities within the supply chain. |
| Domain, dark web and fake websites | Observe the warehouse or target premises for the movement of goods, activity patterns, and any related counterfeit‑distribution behaviour |
| Web Forums and Communities: Reddit, Telegram, Discord, Quora, Shopify | Trade exhibitions and sector‑specific industry events |
When do findings warrant a formal investigation?
Once potential counterfeit activity or trademark infringement has been identified, organisations should move beyond monitoring and undertake structured investigations to verify the findings, preserve evidence and determine the appropriate enforcement strategy. Depending on where the activity occurs, investigations may involve physical enquiries, digital intelligence and evidence gathering or a combination of both.
How to find evidence: Investigating trademark infringement & counterfeiting
Offline Investigations
Local Operatives conduct physical market surveys, discreet site visits, and test purchases across the UK, UAE, and internationally through our network of local investigators. Evidence is gathered to an evidential standard suitable for use in Trading Standards referrals, criminal proceedings, enforcement, or civil litigation.
Physical Market Surveys
Conduct a structured review and carry out physical site visits to retail stores, shops, trade fairs, marketplaces, pubs, or restaurants to understand how products are being sold or promoted and to identify indicators of grey‑market or parallel‑import operations, intellectual property infringements, and pricing deviations. Conduct sample or test purchases when necessary.
Test Purchases & Product Authentication
Conduct test purchases to verify product authenticity, identify potential diversion, map the supply chain, and establish a complete chain of custody to support evidence gathering and the brand owner’s product‑authentication procedures.
Site Visits
Conduct site visits to suspected companies or individuals to verify whether they are selling counterfeit goods, engaging in trademark infringement, distributing grey market or parallel import products, or manufacturing replica or look‑alike versions of branded goods, including performing test purchases when necessary.
Human Intelligence (HUMINT) & Supply Chain Investigation
Gather intelligence information on the supply chain sources and involved parties through discreet conversations and enquiries, and observations at the target premises.
Alongside field-based enquiries, TenIntelligence’s online brand protection investigations address the full scope of a brand’s digital presence, from eCommerce marketplaces and social media platforms to domain registries, app stores, and the dark web, producing infringement findings appropriate for enforcement proceedings and takedown actions.
Online Investigations
Our online brand protection investigations address your brand’s entire digital presence, from eCommerce marketplaces, social media, domain registries, App stores and market survey. We conduct monitoring, investigative analysis, and evidence collection to produce infringement findings appropriate for enforcement proceedings.
Marketplace & Platform Monitoring
Conduct online monitoring and evidence gathering on Amazon, eBay, Noon, Alibaba, TikTok Shop, Facebook Marketplace, Lazada, Etsy, and other platforms, including monitoring for MAP (Minimum Advertised Price) violations, grey‑market activity, and parallel imports, and conduct sample/test purchases when necessary.
Online Market Survey
Conduct a structured review and gather evidence from local or country‑specific e‑commerce platforms, marketplaces, resellers, social media posts, hashtags, and any visual elements, advertisements, parties engaged in the importation or exportation of the goods, to understand how products are being sold or promoted and to identify indicators of grey‑market or parallel‑import operations, intellectual property infringements, and pricing deviations. Conduct sample or test purchases when necessary.
Tools & Strategies: Protect your brand and products from being infringed and counterfeited
Brand protection tools and strategies are critical for defending a company’s reputation, intellectual property, and revenue in today’s digitally driven marketplace. They integrate legal, technological, and educational solutions to address threats such as counterfeiting, brand impersonation, and unauthorised exploitation.
IP Registration & Legal Enforcement
- Registering trademarks, copyrights, patents, industrial designs, and geographical indication (GI) forms the foundation of brand protection.
- Legal teams issue formal cease-and-desist notices or initiate legal proceedings when necessary.
Digital Monitoring & Tools
- Tracking of eCommerce platforms and marketplaces (e.g., eBay, Amazon, Noon, Alibaba), App stores, social media channels, ads, domain, and websites for infringements.
- MAP (Minimum Advertised Price) monitoring helps detect unauthorised pricing set by manufacturers or brand owners.
Takedown Actions
- Removal of unauthorised listings across eCommerce platforms, illegally distributed digital content, fraudulent websites, and domain impersonating legitimate brands.
- Removal of deceptive mobile applications, advertisements, and impersonation accounts on social media platforms.
Investigations & Sample Purchases
- Perform sample purchases to authenticate suspected counterfeit products and trace supply chains.
- Carry out sample purchases to detect grey market, parallel imports and trace their supply chain origins.
Market Survey
- Conduct structured on‑site visits to commercial locations and perform online searches across digital platforms, social media and other online sources.
- Assess how products are being sold or promoted and identify grey market, parallel activity, IP infringements, and pricing irregularities, including performing sample or test purchases when needed.
Education & Partner Compliance
- Consumer campaigns to build awareness of genuine products and protection measures.
- Brand training for distributors and partners to reinforce standards and reduce compliance risks.
Real-world trademark infringement cases
Leading local and international brand owners invest heavily in protection, proving the brand is their most valuable asset. This section highlights notable trademark and copyright infringement success stories as well as the challenges that continue to influence brand protection practices.
United Arab Emirates(UAE): Etihad Airways vs Hale Com (2025)
WIPO Case No. DAI2025-0058 (2025), Etihad Airways (UAE) filed a complaint with the WIPO Arbitration and Mediation Center against Hale Com (US), seeking the transfer of the disputed domain name etihad.ai, claiming infringement of its ETIHAD trademark and bad faith registration and use. The WIPO panel found the domain identical to the mark but held that Etihad failed to establish bad faith, accepting that “Etihad” is a common Arabic dictionary word meaning “union” or “unity” and that the respondent acquired the domain for its generic value as part of a dictionary word .ai portfolio.
The complaint was denied, and the domain remained with Hale Com. The Panel concludes that the complaint was filed in bad faith and constitutes Reverse Domain Name Hijacking. This case highlights that trademark owners cannot monopolise generic dictionary terms, and that pursuing a weak claim to obtain such a domain may lead to a finding of Reverse Domain Name Hijacking.
United Kingdom: Lidl v. Tesco (2023)
Case No: Claim No. IL-2020-000127 Lidl sued Tesco in the UK for trademark infringement, passing off, and copyright violation, claiming Tesco’s “Clubcard Prices” logo, a yellow circle on a blue square, closely resembled Lidl’s own branding.
The High Court ruled in Lidl’s favour, finding Tesco’s design misleading and infringing on Lidl’s intellectual property. As a result, Tesco was ordered to stop using the logo and pay damages. Although Tesco challenged Lidl’s trademark registration as invalid due to bad faith, but the court rejected this challenge and upheld Lidl’s claims. This case highlights the legal risks associated with visual branding similarities, even when the wording differs.
South Korea: Louis Vuitton v. Louis Vuiton Dak (2016)
Louis Vuitton v. Louis Vuiton Dak (2016), was a trademark infringement case in South Korea. Louis Vuitton sued a fried chicken restaurant named “Louis Vuiton Dak” for using a name and logo similar to its own.
The court ruled in favour of Louis Vuitton, finding the restaurant’s branding misleading and infringing. Damages were awarded, and the restaurant was ordered to rebrand. This case highlights the importance of protecting trademarks even across different sectors.
TenIntelligence Thoughts
A brand encompasses far more than its visual identity. It represents trust, reputation, and a sustainable competitive advantage. With a strong brand protection framework that combines IP registration, continuous monitoring, enforcement measures, and education for consumers and partners, enables organisations to prevent increased risks of counterfeiting, financial loss, reputational harm, and potential legal disputes.
Discover how TenIntelligence’s brand protection and due diligence solutions can support your needs, reach out to our brand protection experts.
Note: The content and materials are provided for general information and reference purposes only. They do not constitute legal advice and must not be relied upon for any legal decisions or actions.
Written by
Shela Febrero | Associate