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How Online Trademark Infringement Happens And Why It Is a Growing Risk for Brands

Online platforms have made it easier than ever for businesses to build a brand, connect with customers, and sell products. They have also created new risks when it comes to protecting trademarks. At Jafari Law Group, we regularly help clients address online trademark infringement, including issues involving social media impersonation, fake listings, and unauthorized use of brand names in online marketplaces.

Understanding how infringement happens is the first step in protecting your brand.

How Trademark Infringement Occurs on the Internet

Trademark infringement online happens when a third party uses your business name, logo, slogan, or other brand identifier without permission, in a way that is likely to cause confusion about the source of goods or services.

This confusion can harm your reputation, redirect customers to unauthorized sellers, or damage the goodwill you have built in your brand. What makes online infringement particularly challenging is the speed at which it can spread and the difficulty in identifying responsible parties, especially when fake profiles, anonymous sellers, and foreign entities are involved.

Common Types of Online Trademark Infringement

There are many ways infringement occurs, but some of the most common involve social media and online marketplaces.

1. Social Media Misrepresentation and Brand Impersonation

Social media platforms can be powerful tools for brand growth, but they also open the door to misuse. Unauthorized accounts may use your business name, logo, or likeness to:

  • Imitate your official account
  • Promote counterfeit products
  • Mislead followers into clicking harmful links or entering payment info
  • Damage your reputation by posting false or offensive content under your brand name

In some cases, these accounts are created by competitors or scammers hoping to exploit your brand recognition. In others, the infringement is less obvious, such as using your trademark as a hashtag or profile handle to attract followers or drive traffic.

What you can do:
Most platforms have takedown procedures for reporting infringing accounts. However, success depends on whether you can show ownership of the mark and how clearly the other party is violating your rights. A registered trademark strengthens your position and makes enforcement easier.

2. Trademark Infringement in Online Marketplaces

Marketplaces like Amazon, eBay, Etsy, and others are common sources of trademark problems. Sellers may use your brand name in product listings, packaging, or titles to make their goods appear official, even when they are not affiliated with you.

Infringement in online marketplaces often includes:

  • Counterfeit goods using your name or logo
  • Unauthorized resellers presenting themselves as official
  • Listings that use your trademark to describe unrelated or low-quality products
  • Use of your images or marketing materials without consent

Why it matters:
Even if you are not selling through a particular platform, your brand can still be misused there — and buyers may think your business is responsible for poor service or defective products.

How we help:
We assist clients in submitting takedown requests, contacting platform legal departments, and, when necessary, pursuing legal action. Some platforms offer brand registry tools that can improve enforcement options if you have a valid U.S. trademark registration.

Online Infringement Is Not Always Obvious

Some of these issues can be spotted with a simple search. Others require monitoring tools or legal guidance to detect and address. In all cases, early action is important to limit the damage and to preserve your ability to enforce your rights.

At Jafari Law Group, we help clients identify infringement, secure evidence, and take the right next steps whether that means working through a platform’s internal process or pursuing formal legal remedies.

Get Help Protecting Your Trademark Online

If you believe someone is misusing your brand online or you want to make sure your trademark rights are being protected across digital platforms, we can help.

Jafari Law Group offers free consultations for trademark owners who need guidance or legal support. Contact us to discuss your situation and learn how we can help protect your brand.

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