Marketplace and Fake Listings: How to Protect Your Brand and Your Rights

Did you find a listing using your brand on a marketplace, but you weren't the one who posted it?

Is someone selling a copy of your product as if it were original?

Or worse: has a customer come to you complaining about a counterfeit product that was never yours?

You can — and should — take action.

The responsibility of digital platforms goes beyond simply “providing the space.” When there is trademark infringement, fraud, or misleading advertising, they can also be held legally liable.

What the law says

Marketplace platforms such as Amazon, Mercado Livre, Shopee, OLX, and others:

Earn commissions on every sale

Have control and monitoring tools

Have their own rules of conduct

For this reason, they cannot remain passive when there is a clear violation of your intellectual property rights.

If a listing infringes your trademark, deceives the consumer, or offers a counterfeit product, the platform can also be held liable, especially if:

You have already sent notice and the platform did not remove the content

The platform profited from the unlawful sale

There was repeated infringement or clear negligence

Main problems faced by companies on marketplaces

Counterfeit products bearing your brand:

Listings using your name or logo, posted by third parties

Misleading descriptions that confuse the consumer

Sales at unrealistic prices that devalue your product

Imitations or use of visual identity similar to yours

What are your rights?

Request immediate removal of the infringing listing or seller

Demand a public retraction or notice to consumers

Seek compensation for material and moral damages (non-financial harm such as damage to reputation)

Send formal notice and, if necessary, take legal action against the platform

How a specialized lawyer can help you

A lawyer experienced in intellectual property and e-commerce can:

Identify evidence of infringement

Send extrajudicial notices to the platform

Request removals through legal and administrative tools

Represent your company in court

Protect your digital assets preventively

The sooner you act, the less damage you'll suffer

Procrastinating only gives room for unfair competitors to grow.

A single fake listing can destroy years of your brand's reputation and cause financial and reputational harm that is nearly impossible to repair.

Your business is legitimate. Your brand is valuable.

Don't let marketplaces become lawless territory.

If you have identified any improper use, contact a specialized lawyer.