01/08/2025 Electronic Commerce

How to defend a brand in Marketplaces

Selling on a marketplace allows you to reach new consumers, but also exposes the brand, the photographs and the product to third-party uses. To react effectively, the company must identify which right is violated and retain evidence. A registered trademark can facilitate the accreditation of ownership, although each platform establishes its own procedures and requirements to process claims.

See original publication on LinkedIn 06/09/2026

Distinguish offenses and legitimate situations

The sale of counterfeits, the confusing use of trademarks and the copying of photographs can constitute different infractions and require specific actions.

The resale of authentic products is not always illegal. Their origin, the exhaustion of rights and the way in which they are presented to the public must be analyzed.

To claim it is not enough to point out that two chips look alike. It is necessary to identify the protected material, the registration or the specific conduct that justifies the claim. An accurate complaint facilitates the response of the platform.

Prepare a documented performance

It is convenient to save links, captures, dates, seller data and product tests. The documentation must relate the detected use to the rights of the owner and the affected territory.

Some platforms offer specific channels to report brand infringements. It is also important to establish contracts with distributors, clearly authorize the use of photographs and monitor offers. Withdrawing a publication does not necessarily eliminate other possible actions.

At PreMark we help assess the infringements and choose the right response path. If the products are sold in several countries, we also analyze the territory, the origin of the merchandise and the applicable rights.