How to protect your marketplace against sales of counterfeit goods?

In 2025, the sale of counterfeit goods on marketplaces has grown considerably, threatening their reputation and security.

Counterfeiting now represents a major challenge for online sales platforms. In 2025, this phenomenon has grown considerably, threatening both the reputation of marketplaces and their legal security.

According to the latest estimates, trade in counterfeit goods accounts for nearly 7% of global trade, with a particularly strong presence on digital channels. For platform operators, the fight against this scourge has become a strategic priority.

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The evolution of platforms' legal liability

The legal framework governing the liability of marketplaces has evolved considerably in recent years. While the status of technical host historically offered platforms relative protection, recent case law has progressively strengthened their obligations. The principle of limited liability, derived from the e-commerce directive, now applies more restrictively.

The courts carefully examine the active role a marketplace may play in presenting offers and promoting sales. A platform that optimises the ranking of listings, suggests prices or actively promotes certain products may more readily incur liability where counterfeit goods are sold. This evolution in case law compels operators to rethink their control and moderation mechanisms.

The European Digital Services Act, which came fully into force in 2025, has also strengthened platforms' obligations regarding the fight against illegal content, including counterfeiting. Marketplaces must now implement enhanced procedures for notice and action, with binding processing deadlines and an increased obligation of transparency as to the measures taken.

Effective notice and takedown mechanisms

The notice and take down system is the cornerstone of the fight against counterfeiting on platforms. To be fully effective and compliant with legal requirements, this mechanism must meet several essential criteria.

The reporting procedure must be easily accessible to rights holders and platform users alike. A dedicated form, clearly visible and simple to use, makes it possible to collect the information needed to accurately identify the disputed content and the rights allegedly infringed.

The handling of notifications must be swift and rigorous. The teams in charge of moderation must be trained to identify counterfeit goods and have clear decision-making processes. In complex cases, where assessing the infringement of intellectual property rights is not straightforward, engaging an e-commerce lawyer helps to secure the decision and avoid any risk of unjustified removal or of inappropriately maintaining a disputed listing.

The traceability of actions taken following reports is crucial. The history of notifications received, decisions made and associated justifications constitutes decisive evidence in the event of litigation. This documentation demonstrates the platform's diligence and its concrete commitment to the fight against counterfeiting.

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Preventive vetting of sellers

The seller admission policy is a powerful preventive lever against counterfeiting risks. A vigilant marketplace puts in place rigorous verification procedures before allowing a new seller to offer its products on the platform.

The onboarding process must include the collection and verification of reliable identity documents, information on the seller's legal status and data allowing its precise location. These elements are essential to bring any potential legal proceedings in the event of fraudulent conduct.

Analysing the seller's commercial history may also reveal indicators of risk. A trader who has already been reported for selling counterfeit goods on other platforms warrants particular attention. Some marketplaces have set up systems for sharing information about problematic sellers, in compliance with personal data protection rules.

Implementing a guarantee deposit system can deter ill-intentioned sellers. By requiring the payment of a financial guarantee, returned after a period of incident-free activity, the platform encourages compliance with the rules and has immediate compensation available in the event of harm suffered.

Technologies for detecting counterfeit goods

Given the scale of the phenomenon, technological solutions play a growing role in identifying suspicious listings. Artificial intelligence now makes it possible to analyse new offers in real time as they are published and to detect warning signals.

Image recognition algorithms compare the visuals uploaded by sellers with databases of authentic products and known counterfeits. These tools detect suspicious similarities and flag potentially problematic listings for human review.

The semantic analysis of product descriptions can also reveal indicators of counterfeiting. Certain terms or expressions are frequently associated with non-authentic products, such as references to "quality identical to the original" or prices that are abnormally low compared to the market.

Blockchain traceability solutions are beginning to be deployed for certain categories of high-value products. By allowing the full history of a product to be tracked, from its manufacture to its listing for sale, these technologies offer a guarantee of authenticity that is difficult to falsify.

Managing repeat-offending merchants

The fight against counterfeiting also requires a firm policy towards repeat-offending sellers. Marketplaces must put in place a graduated system of sanctions, ranging from a warning to permanent exclusion from the platform.

The monitoring of infringements makes it possible to identify repeated behaviour and to adapt the platform's response accordingly. A dashboard centralising the history of reports by seller facilitates the detection of repeat offenders and the consistent application of sanctions.

Techniques for circumventing exclusions must be anticipated. Some sellers attempt to return to the platform under a new identity after being banned. Mechanisms for detecting linked accounts, based on the analysis of metadata (IP address, bank details, etc.), make it possible to counter these strategies.

Cross-platform collaboration is a promising approach to tackling this phenomenon. By sharing, in compliance with the legal framework, information about sellers excluded for counterfeiting, marketplaces can collectively strengthen their defences against these malicious actors.

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Training and raising awareness among teams

The human factor remains decisive in the effectiveness of anti-counterfeiting measures. The training of teams in moderation and seller support is a strategic investment for any marketplace concerned with protecting its ecosystem.

The awareness sessions must cover the legal fundamentals of intellectual property, techniques for identifying counterfeit goods and the internal procedures for handling reports. Practical exercises, based on real cases, help develop the expertise of moderators.

Collaboration with rights holders can enrich this training. Many brands offer workshops enabling platform teams to become familiar with their authentic products and to learn to recognise the most common counterfeits.

Establishing clear guidelines for analysing reports ensures the consistency of the decisions made. These guidelines must be regularly updated to incorporate newly identified fraud patterns and developments in case law.

Towards a comprehensive strategy for protecting the marketplace ecosystem

The fight against counterfeiting cannot be reduced to a defensive and reactive approach. The marketplaces that perform best in this area have developed a proactive and integrated strategy, which turns the protection of the integrity of their ecosystem into a competitive advantage.

This strategy rests on the harmonious combination of the various levers presented above: legal, technical and human. Bringing together these dimensions makes it possible to create several complementary lines of defence, from prevention through to managing proven infringements.

Transparent communication about the efforts deployed helps reassure both consumers and legitimate brands. By demonstrating its commitment against counterfeiting, a marketplace attracts quality sellers and builds loyalty among demanding buyers, thereby strengthening its value proposition in a highly competitive market.

Investment in the fight against counterfeiting should be regarded as a means of protecting the long-term value of the platform. Marketplaces that neglect this aspect expose themselves not only to growing legal risks, but also to a gradual deterioration of their reputation and of user trust, which are genuine strategic assets in the digital economy.