Most brands discover their counterfeit problem the same way: a customer complains about a fake. By then, counterfeiter has already moved product, and you’re starting from behind.
Anti-counterfeiting isn’t a project you launch when things get bad. It’s a posture you build before they do. The brands that win this fight aren’t the ones with the biggest legal budgets — they’re the ones who knew exactly what they own, where the fakes show up, and what to do the moment they appear.
Here’s how to build that posture.
Start by knowing what you’re actually defending
You can’t enforce rights you haven’t mapped. Before you monitor a single platform, get clear on three things.
- What you can enforce. Build a list of every registered and common-law trademark you own. This is your search list — if it’s not on the list, your team won’t know to flag it.
- Who’s authorized. Keep a current, accessible list of your licensees and vendors. When everyone legitimate is accounted for, the unauthorized sellers stand out fast.
- Where trouble has come from before. Which parties have been problems? Which events, categories, or marketplaces tend to attract counterfeiters around your brand? Past patterns predict future ones.
This step costs you nothing but time and your own internal resources. Skip it, and every later move is slower and noisier.
Make your rights visible — on your own properties first
Enforcement starts at home. Most brands have authenticity and trademark statements buried somewhere on their website; in type no one reads. That’s not enforcement — that’s a footnote.
Add prominent authenticity and trademark statements to your official website and e-commerce shop. State plainly what’s official, where to buy it, and that you protect your marks. A clear statement does two things: it helps consumers self-identify fakes, and it strengthens your position when you later tell a platform you put the world on notice.
Put problem parties on notice — before you have a full case
Not every threat warrants a lawsuit. Match the letter to the evidence.
- Warning letters. For parties that have been problematic before, but where you don’t yet have concrete proof of current infringement — signing events are a classic example — a warning letter establishes your rights and your intent to monitor. It tells them you’re watching.
- Cease-and-desist letters. For anyone openly advertising in-person events or merchandise sales tied to your brand, move to a cease-and-desist.
The distinction matters. A warning letter shapes behavior. A cease-and-desist demands it. Use the right one and you preserve credibility for the moment you need it.
Take the fight online — systematically
This is where most of the volume lives, and where a scattered approach burns hours for nothing. Run it as a system.
Decide which platforms to monitor. At minimum:
- Amazon
- Walmart
- Etsy
- TikTok
- Print-on-demand platforms like RedBubble
Learn each platform’s takedown rules before you need them. Reporting procedures vary, and some have special requirements. Amazon’s bulk-takedown tools, for instance, require enrolling in Brand Registry first — an account setup you don’t want to be starting in the middle of an active infringement.
Monitor the hashtags and keywords that signal fakes. Track the terms counterfeiters use to surface your merchandise in listings, posts, and ads. They’re often predictable once you know your own brand vocabulary.
Then actually file the takedowns. Submit complaints against infringers and counterfeiters to pull their products and ads off the e-commerce and social platforms. Monitoring without filing is just a list of problems.
For physical events, bring the law with you
Different issues call for different approaches – the online takedowns will have no effect on a folding table outside a venue. Large-scale physical infringement — the kind that shows up around major events — calls for a different tool: a temporary restraining order that authorizes seizure of counterfeit goods on-site.
It’s a proven playbook. WrestleMania draws 80,000 to 90,000 attendees, and the WWE works with local law enforcement to seize counterfeit merchandise at the event itself. If your brand anchors a large in-person gathering, this belongs in your plan. (See the Lexology write-up on the approach.)
The takeaway
Anti-counterfeiting rewards preparation, not panic. Know what you own. Make your rights visible. Match each letter to the evidence you have. Run online enforcement as a system, not a series of one-offs. And when the fight goes physical, bring the law into the room with you.
The brands that protect their value aren’t the ones who react fastest. They’re the ones who were already ready.