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It’s a never-ending battle to keep a brand – any brand — from being cheated, attacked, used, abused, or even eliminated from existence.  For companies that use their website to sell goods, transact business, upload and download files, or manage accounts, there are countless ways the brand can be attacked.  Hacking websites, stealing data, and holding systems hostage are just a few of the cybercrimes committed against businesses every day.  And the pace of change in technology makes “staying ahead of the hackers” challenging for even the most committed organizations. 

But when we think of cyber crimes and cyber criminals hurting businesses, we think of tech-savvy gangsters using powerful computers to infiltrate systems.  We don’t usually think of how legitimate marketplaces and vendors might play a part – perhaps unwittingly or carelessly — in allowing these brand attacks to happen.  The more such attempts go unchecked, the more other criminals are enticed to try it. 

Marketplaces and platforms used by companies doing business online constitute a major threat.  Not only do businesses use online platforms for their convenience to conduct business, they are also convenient venues for counterfeiters, unauthorized sellers and hackers to use, especially ones that exist overseas.  The vast number of listings and sellers makes it challenging to monitor and control unauthorized use of a specific brand. 

Marketplace Enablers

What do we mean by “marketplaces”?  Think Shopee, IndiaMART, Pinduoduo, Taobao, AliExpress, etc.  And it’s not just a few.  They exist in most nations.  For example, Zalando is a major European online retailer, particularly strong in fashion, operating in multiple countries. Fnac is a popular marketplace in France, offering a wide range of products like electronics, books, and music. Cdiscount is a French e-commerce site with a broad product selection.  ManoMano is an EU platform that specializes in DIY, home improvement, and gardening products.  Lazada is one of the most popular e-commerce platforms in Southeast Asia, with a wide variety of products. JD.com is a major online retailer in China, offering a vast selection of goods.  Rakuten is a large Japanese e-commerce company with a global presence.  Temu is a major Chinese online retailer, particularly strong in fashion, operating in multiple countries including the US. 

These marketplaces have been cited in reports and analyses as facing significant challenges, doing very little or doing nothing at all to block counterfeit goods, services and even companies.  So a product with US IP protection might not have any protection in other countries.   There are 195 countries in the world, and while virtually all countries in the world have laws related to patents and trademarks, the specifics of those laws and the extent of protection offered can vary.  Thankfully, the Patent Cooperation Treaty (PCT) and the Madrid Protocol are international agreements that streamline the process of seeking patent and trademark protection, respectively, in multiple countries.  But even that doesn’t afford enough help to individual brands fighting an ocean of threats on a global scale. 

Consider Louis Vuitton.  The LV brand faces huge obstacles in finding and challenging companies that infringe on their brand with knockoffs, mimicking products, name similarities, pattern replication, etc.  Notwithstanding, LV takes aggressive action to protect its trademarks. They have pursued legal action against companies for using names, logos, patterns, and products either the same as or too similar to theirs.  And they’ve challenged platforms for failing to police their digital marketplaces. It may not seem like a big deal but infringing products on marketplaces can divert sales and mislead customers.  Protecting the brand from abuse costs LV a lot of money.  So what is a company to do to protect itself from rogue agents when marketplaces offer no help?

Navigating the Battlefield: Strategies for Brand Protection

Protecting a company’s brand in the digital age requires a multi-pronged, proactive approach, especially when the very platforms meant to connect customers with those brands can serve as enablers.  When marketplaces turn a blind eye to counterfeiters and brand infringers, a company has no choice but to take control of its own defense. This battle must be fought on multiple fronts, from legal and technological to strategic and relational. A robust defense combines internal vigilance with external pressure, creating a formidable barrier against bad actors.

A. Legal and Intellectual Property (IP) Enforcement

To prepare for the fight, the company must be armed.  The first and most critical step is to secure intellectual property on a global scale using the weapons available. This is not just a formality; it’s the legal cornerstone of the brand protection strategy.

1. Global IP Registration.  While agreements like the Patent Cooperation Treaty (PCT) and the Madrid Protocol streamline the process, they are not a one-stop shop. The company must proactively register trademarks, copyrights, and patents in key international markets where products or services are sold or business is done or where counterfeit manufacturing is known to occur. This provides the legal standing to demand action from the marketplaces and initiate lawsuits. Without proper registration in a specific country, claims will likely carry little weight. For instance, a US trademark provides no legal recourse in China without a corresponding Chinese trademark.
   
   
2. Cease and Desist Letters and Takedown Notices.  This is a primary weapon for immediate action. Companies should have a dedicated team or partner with legal experts to issue cease and desist letters and formal takedown notices to IP infringers and the marketplaces themselves. These notices must be detailed, citing specific IP violations and showing evidence. The goal is to make it legally and financially riskier for the marketplace to ignore a request than to comply.
   
   
3. Strategic Litigation.  For marketplaces that repeatedly fail to act to stop egregious or persistent infringers, litigation may be necessary. Filing lawsuits, even if they are costly, sends a powerful message. Louis Vuitton’s aggressive legal strategy is a case study in this approach. By demonstrating a zero-tolerance policy, a brand deters future infringers and compels marketplaces to take their responsibilities more seriously. Lawsuits not only seek damages but can also force platforms to implement stricter enforcement policies.

B. Technological Solutions Creates a Digital Fortress

Legal measures are essential, but they are often reactive. A strong defense also requires proactive technological solutions that help identify and combat threats before they cause significant damage.

1. Brand Monitoring Services.  The digital landscape is too vast for manual monitoring. Subscribing to specialized brand monitoring services or using AI-powered tools is crucial. These services continuously scan marketplaces, social media, and websites for unauthorized use of a specific brand name, logo, and/or product image or service. They can detect subtle infringements, such as variations of a brand name or unauthorized sellers listing infringed products at suspiciously low prices. These services provide actionable intelligence, allowing a company to quickly issue takedown notices.
   
   
2. Product Authentication Technology.  To empower customers and create a clear distinction between genuine and fake products or services, brands can consider integrating product authentication technology. This can include using QR codes, holograms, or NFC chips on packaging. A customer can scan a code with a smartphone to verify a product’s authenticity. This not only protects the customer but also helps track and gather data on counterfeit products in the wild, which can be used as evidence in legal actions. It shifts some of the policing power to the consumer, making the brand more resilient.
   
   
3. Data Analytics and Supply Chain Integrity.  By analyzing sales data, a brand can often spot patterns of infringement. A sudden, unexplained drop in sales in a specific region, for example, might indicate a surge of counterfeit products. Strengthening the supply chain’s integrity is also critical. Implementing strict controls and traceability measures from manufacturing to delivery makes it harder for products to be diverted or duplicated. Partnering only with vetted and trustworthy manufacturers and distributors is an essential part of the strategy.

C. Strategic and Relational Pressure

Fighting marketplaces that facilitate brand attacks isn’t just a legal or technical battle.  It is also a strategic and public relations one. A company must use pressure and partnerships to force change.  Here’s how.

1. Direct Engagement with Marketplaces.  It’s important not just to send takedown notices.  A company should establish a direct line of communication with the marketplaces. Many have dedicated brand protection or intellectual property departments. Build relationships with the key contacts in these departments. When there is a solid relationship, requests are more likely to be prioritized and handled efficiently.  Offering to provide training or information to the marketplace’s team to help them better identify counterfeit goods is also helpful. This can turn a seemingly adversarial relationship into a more collaborative one.
   
   
2. Industry Alliances and Lobbying.  Many companies face the same challenges. They aren’t alone in this fight. By joining industry-specific alliances, like the International Anti-Counterfeiting Coalition (IACC), one individual brand can combine resources, share intelligence, and advocate for stronger protections with other brands. These alliances can collectively lobby governments and international trade organizations to push for stricter laws and enforcement mechanisms, making it more difficult for rogue marketplaces to operate with impunity.
   
   
3. Consumer Education and Public Awareness Campaigns.  A well-informed customer is any brand’s best ally. Public awareness campaigns to educate consumers on how to spot fakes, the risks associated with counterfeit goods and services, and where to get authentic items can help. This can include detailed guides on the brand’s website, social media posts, and partnerships with influencers. By empowering customers, it not only protects them from low-quality or unsafe products but also helps drive them to legitimate sales channels. This creates powerful market pressure that hurts infringers’ bottom lines and reduces the appeal of marketplaces that enable them.
   
   
4. In-House Brand Protection Teams.  As a brand grows, it becomes critical to have an internal team dedicated to its IP protection. The team should not only manage the legal and technical aspects but also act as a central hub for all brand defense activities. They’re responsible for continuous monitoring, issuing takedowns, managing relationships with marketplaces, and leading public education efforts. This dedicated focus ensures that brand protection is not just an occasional task but a core, ongoing business function.

The Cost of Inaction: Why the Battle Is Non-Negotiable

The battle for brand protection is expensive and resource-intensive, but the cost of inaction is far greater. Unchecked brand infringement leads to a cascade of negative consequences including financial loss, reputation damage, and erosion of innovation, as well as safety and health risks (depending on the brand).  The fight against rogue marketplaces and the criminals they enable is thus a never-ending battle. But by combining global IP protection, advanced technological solutions, and strategic pressure, a company can turn a defensive struggle into a proactive campaign.  Protecting the brand isn’t just about preserving a logo or a name; it’s about safeguarding the reputation, customers, and company’s future. It’s an essential part of doing business in a global, digital economy.

Quote of the Week
“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.” Warren Buffett

© 2025, Keren Peters-Atkinson. All rights reserved.