Unauthorized use of my brand in marketplace ads: how to protect my intellectual property?

What is unauthorized brand use in marketplaces?

Unauthorized brand use occurs when third parties utilize your registered trademark, logo, or distinctive visual elements without permission on platforms like Amazon, eBay, or Etsy. This includes product counterfeiting, unauthorized use in ad titles, copying images and descriptions, or creating similar brands to confuse consumers.

Main types of violations

• Direct Counterfeiting: Products identical to yours using your brand and logo.

• Use in Titles: Third parties mentioning your brand to attract customers ("compatible with [YOUR BRAND]").

• Content Copying: Appropriation of your professional photos and product descriptions.

• Similar Brands: Registration of similar names to capture your sales.

Impact of unauthorized use

Unauthorized use of your brand can result in direct sales loss, reputation damage when customers buy inferior products thinking they're yours, and loss of price control. Studies indicate companies can lose 15% to 30% of online sales due to uncombated violations.

Your rights as a trademark owner

The Lanham Act and intellectual property laws grant registered trademark owners exclusive usage rights. You can prevent unauthorized use, demand immediate removal of infringing content, seek compensation for damages, and in counterfeiting cases, request judicial seizure of products.

How to identify violations

• Manual Monitoring: Conduct regular searches for your brand name on major marketplaces

• Set up Google alerts for your brand + "marketplace," "promotion," "discount"

• Watch for unexplained sales drops or increased complaints about products you didn't sell

• Automated Tools: Specialized platforms perform automatic scans across dozens of marketplaces, detecting violations and generating detailed reports.

What to do when you find violations

1. Document Everything

Take complete screenshots of infringing ads, save URLs, record discovery date and time, and seller information.

2. Cease and Desist Letter

Send a formal notice to the infringer demanding cessation of trademark use and ad removal. This measure resolves about 70% of cases without litigation.

3. Platform Reporting

Use marketplace intellectual property protection systems:

• Amazon: Brand Registry or Report Infringement

• eBay: VeRO Program

• Etsy: Intellectual Property Infringement form

4. Legal Action

When previous measures don't work, court action may be necessary through injunctions, damages claims, or seizure orders.

Preventive measures

• Proper Registration: Keep your trademark registered with USPTO in all relevant classes.

• Protection Programs: Register with major marketplace protection programs.

• Continuous Monitoring: Establish verification routines or hire specialized services.

• Customer Education: Inform customers about official sales points and how to identify original products.

When to seek professional help

Consider consulting an intellectual property attorney when facing recurring violations, large-scale counterfeiting, significant reputation damage, or need for urgent legal action.

Conclusion

Protecting your brand in marketplaces is essential to preserve your business and reputation. Acting quickly when identifying violations, properly documenting infractions, and using all available tools are fundamental steps to maintain control over your intellectual property.

Remember: your brand is one of your business's most valuable assets. Protecting it isn't a cost, but an investment in your company's future.