The growth of e-commerce has profoundly transformed the way brands connect with their consumers. However, this evolution has also brought new legal challenges, especially concerning intellectual property protection. Trademark infringements in e-commerce have become increasingly sophisticated, affecting both large corporations and small businesses. From counterfeits to the misuse of registered trademarks on digital platforms, the online environment has opened multiple fronts that require immediate attention and action. In this article, we explore the main current trends in trademark infringement in e-commerce and how companies can face this constantly changing problem.
1. Counterfeits in global marketplaces
One of the most common and worrying forms of trademark infringement is the sale of counterfeit products on marketplaces like Amazon, AliExpress, or eBay. These sites allow sellers from anywhere in the world to access millions of consumers, facilitating the mass distribution of products that imitate registered trademarks without authorization. Often, these counterfeits are difficult to detect at first glance and can seriously damage the reputation of the original brand, especially if the products are of low quality. Furthermore, brands must bear the cost of combating these practices through constant complaints and legal follow-up, which can become a long and costly process.
2. Misuse of keywords in search engines
Another increasing trend is the unauthorized use of registered trademarks as keywords in online advertising campaigns. Many sellers use the name of well-known brands in Google Ads or in product titles and descriptions to attract traffic to their own pages. Although in some cases this may be considered unfair competition, the legal framework is still ambiguous and varies by country. This practice can divert potential customers, generate consumer confusion, and dilute the distinctive value of the affected brand.
3. Cybersquatting and use of similar domains and trademark infringement in e-commerce
The phenomenon known as “cybersquatting” consists of registering domains that contain names of recognized brands, with the aim of selling them later or redirecting traffic in a misleading way. This practice has resurfaced strongly in recent years, especially in countries where intellectual property laws are more lax. Similar domains (typosquatting) are also observed, where frequent typographical errors are exploited to capture visits. These sites can be used for phishing, fraudulent sales, or even to harm the legitimate brand’s image.
4. Infringement on social networks and parallel sales channels
Social networks like Instagram, TikTok, and Facebook have become new platforms for trademark infringement. Many fake profiles use logos, names, or images of official brands to promote counterfeit products or unauthorized services. In addition, channels like WhatsApp Business or Telegram are also used to commercialize illicit products. This not only confuses the consumer but also makes it difficult to control a brand’s online presence. The speed at which these profiles are created and deleted makes tracking and reporting a real challenge.
5. Trademark infringement in e-commerce: deepfakes and AI-generated content
The advancement of artificial intelligence has introduced new threats, such as deepfakes and the use of digitally generated fake images that imitate real brands. For example, fake ads can be created with supposed influencer recommendations or celebrities using a brand without their authorization. This type of content spreads rapidly on social media and can mislead consumers. Detecting these materials requires specialized tools and constant vigilance by the affected companies.
6. Sale of “gray market” products
Gray market products are those sold without the trademark owner’s authorization but are not necessarily fake. They can be original items intended for other markets, imported in parallel and commercialized in e-commerce without the control or guarantee of the owner brand. Although they do not always constitute a direct infringement, they can negatively affect the commercial strategy, pricing, and consumer experience. This phenomenon has increased with the globalization of e-commerce, especially on platforms that allow sales between countries.
7. Influencers and affiliates who violate trademark rights
Affiliate marketing and the use of influencers is a key strategy in e-commerce, but it can also become a focus of infringements. Some content creators use registered brand names in promotions without authorization or manipulate links to benefit competitors. This can not only confuse the consumer but also make it difficult to control a brand’s online presence. The speed at which these profiles are created and deleted makes tracking and reporting a real challenge.
We tell you the keys to trademark infringement in e-commerce
Trademark protection in the e-commerce environment is more complex and challenging than ever today. Forms of infringement evolve at the pace of technology, forcing companies to stay alert and have robust legal and digital strategies. From constant monitoring of platforms to the use of online brand protection tools and collaboration with intellectual property experts, prevention is key to avoiding economic and reputational damage. Adapting to these new trends is essential to protect the value of brands and ensure their integrity in the current digital environment.