Fueled by the explosive growth of social commerce and global e-commerce, brand counterfeiting has evolved into a sophisticated, borderless threat. Counterfeit goods are infiltrating legitimate markets at unprecedented rates—undermining brand trust, siphoning revenues, and exposing consumers to risk.
For companies serious about defending their intellectual property, basic brand protection is no longer enough. Ludwig APC works with clients to go beyond the basics so they can safeguard IP assets in today’s globalized economy.
The Global Surge in Counterfeiting
According to the Control Risks Group, counterfeit and pirated goods now account for up to 3.3% of global trade, with some estimates placing the economic impact as high as $1.79 trillion by 2030. The rise of e-commerce platforms such as Temu, TikTok Shop, and Shein has created fertile ground for counterfeiters who exploit fragmented supply chains and anonymous third-party seller models.
A recent Michigan State University global survey revealed that 74% of consumers worldwide purchased counterfeit goods online in the past year, with 39% of those purchases occurring via social media platforms such as Facebook and Instagram. This shift toward social commerce has made it easier than ever for counterfeiters to reach consumers directly—often bypassing traditional enforcement mechanisms.
The Cost of IP Theft
Customs data and enforcement reports paint a sobering picture. In 2023 alone, French customs seized over 20 million counterfeit items, double the previous year’s total. The U.S. Customs and Border Protection (CBP) maintains a robust IP enforcement program, but even with increased vigilance, IP theft continues to grow, impacting everything from luxury goods to pharmaceuticals.
The consequences of illicit goods for brands are severe:
- Revenue Loss: counterfeit goods divert sales from legitimate products, eroding market share.
- Brand Dilution: fake products tarnish brand reputation and consumer trust.
- Legal Exposure: IP theft can trigger costly litigation and regulatory scrutiny.
- Consumer Safety Risks: counterfeit electronics, cosmetics, and medications often fail safety standards compared to authentic brands.
As We See It: Advanced Brand Protection Strategies
Facing these challenges, Ludwig APC sees many companies adopting multi-layered brand protection strategies that integrate legal enforcement, digital oversight, and proactive risk controls.
IP Portfolio Management
Start with a comprehensive audit of your intellectual property assets—trademarks, copyrights, and patents. Ensure they’re registered in all relevant jurisdictions and recorded with customs agencies such as the CBP for border enforcement.
Digital Monitoring & Takedown Tools
Leverage AI-powered platforms to monitor online marketplaces, social media, and rogue websites for counterfeit listings. Services such as Red Points and Blackbird.AI offer real-time detection and automated takedown capabilities.
Customs Collaboration
Work directly with customs authorities to flag high-risk shipments. CBP’s e-Recordation Program allows rights holders to register trademarks and copyrights for enforcement at U.S. borders. Proactive engagement with customs can lead to faster seizures and deterrence.
Supply Chain Authentication
Implement anti-counterfeiting technologies such as RFID tags, holograms, and serialized QR codes to track products through the supply chain. Blockchain-based solutions are also gaining traction for ensuring product authenticity from manufacturer to consumer.
Legal Enforcement & Litigation
When prevention fails, swift legal action is essential. For example, Ludwig APC’s team is equipped to pursue counterfeiters through cease-and-desist letters, coordination with law enforcement, pre-litigation, and litigation—helping to ensure that infringers face meaningful consequences.
Real World Example: Fighting Counterfeits in the Fashion Industry
A luxury apparel brand noticed a surge in counterfeit listings on Instagram and TikTok. Through digital monitoring, they identified dozens of infringing sellers. As a result, they were able to:
- File Digital Millennium Copyright Act (DMCA) takedown requests across platforms
- Coordinate with CBP to intercept counterfeit shipments
- Initiate litigation against repeat offenders.
The result? A 60% reduction in counterfeit listings within three months and restored consumer confidence.
How Ludwig APC Can Help
Ludwig APC understands that brand protection is more than just trademark registration—it’s a strategic imperative. Our team combines decades of legal expertise with knowledge of cutting-edge enforcement tactics to help clients:
- Safeguard IP assets across jurisdictions
- Monitor and respond to digital threats
- Enforce rights through litigation and regulatory channels
- Preserve brand equity and consumer trust.
Let’s Work Together: Global Experience, Personal Focus
From startups launching a new product or global brands defending decades of goodwill, Ludwig APC helps clients navigate the way forward with clarity and confidence. Contact Ludwig APC today at (619) 929-0873 or consultation@ludwigiplaw.com to arrange a free consultation to discuss your needs.
