Counterfeit Goods on Social Media: Takedowns, Litigation, and Other Alternatives for Combating the Sale of Fake Goods

Sellers of counterfeit products have diversified their business model to focus on selling fake goods through social media platforms. This is partly due to marketplaces like Amazon and eBay creating programs to combat the sale of counterfeit goods on their sites.

For example, vendors have used platforms to sell counterfeit iPhone batteries, accessories, and cables. As a result, Apple has removed over one million listings for counterfeit and fake products. Takedowns can provide instant relief for brand owners by removing a serious threat from the internet. Even if a takedown is executed, brand owners and their counsel should consider additional legal action against counterfeiters, such as cease and desist letters or litigation.

It is critical for companies and their counsel to know how to remove knockoff products from social media platforms and take actions to stop counterfeiters while also understanding platform immunities and safe harbors, as well as fair use/First Amendment issues that also apply to many uses in social media.

Listen as our authoritative panel of IP attorneys examines conducting social media searches, submitting takedowns, platform approaches to takedowns, and overcoming rejections. The panel will also address counter-notifications and alternatives to takedowns, including cease and desist letters, fair use and First Amendment rights (under copyright, trademark and right of publicity laws) and litigation (both recent cases and tends), and litigation.