Counterfeit & Confusingly Similar Product Demand Letters

Published: December 7, 2025 • Demand Letters, Trademarks
Counterfeit & Look-Alike Product Demand Letters | Brand Protection Playbook

Counterfeit & Confusingly Similar Product Demand Letters

Lanham Act §1114/§1125, Tariff Act §1526, platform terms of service, and unfair competition statutes give powerful tools to stop counterfeiters, grey-market drop shippers, and sellers of knockoff products that trade on your brand.

Legal Hooks for Counterfeit Crackdowns

Counterfeit or confusingly similar products implicate both trademark infringement and unfair competition. A persuasive demand letter cites the statutes that fit the evidence, shows the seller’s revenue exposure, and explains that continued sales will trigger platform complaints, customs seizures, and injunctive relief.

Primary Causes of Action
Statute / Theory Key Elements Use in Demand
Lanham Act §1114 / §1125(a) Use of identical or confusingly similar mark in commerce, likely confusion as to source Demand permanent cessation, profits accounting, statutory damages ($1,000-$200,000 per mark, up to $2M if willful)
Lanham Act §1125(c) Dilution Famous mark, blurring or tarnishment even without confusion Used for luxury brands showing brand dilution by look-alikes
Tariff Act §1526, 19 U.S.C. §1595a Allows CBP to seize imported goods bearing recorded trademarks Signal that future imports will be detained, raising supplier risk
State unfair competition / UCL Passing off, false advertising, deceptive practices Adds leverage for injunctive relief and attorneys’ fees in some states
Platform contracts Amazon, eBay, Etsy, Shopify terms prohibit counterfeits Notice seller that brand will file infringement and safety complaints

Counterfeit vs. Confusingly Similar

  • Counterfeit: Identical mark or packaging; statutory damages and customs seizures are easier.
  • Look-alike: Similar trade dress/text may still cause confusion; highlight survey, reviews, or screenshots.
  • Parallel imports: Foreign-market goods imported without authorization; analyze material differences (warranty, instructions, quality control).

Relief to Demand

  • Immediate removal of listings, ads, and inventory.
  • Accounting of units sold, margins, supplier information.
  • Consent to destroy stock or transfer to brand for inspection.
  • Compensation for investigative costs and lost sales.
  • Written confirmation that future sales require authorization.
Watch for cross-border shell sellers. Identify payment processors, fulfillment warehouses, and third-party logistics accounts that give additional leverage when the storefront hides behind offshore entities.
Evidence Package & Investigation Workflow
Documentation wins. Marketplace operators and opposing counsel take brand owners seriously when the demand includes timestamped captures, test buys, and clear chain-of-custody notes that would hold up in court.
Evidence Checklist

Listing & Marketing Proof

  • Full-page PDFs of product detail pages, ads, and social posts with URL, date, and seller ID.
  • Saved HTML or HAR files that show SKU, ASIN, variation details, and reviews referencing your brand.
  • Search results showing your authentic listing next to the infringing one.

Test Purchases

  • Order confirmation, tracking, and unboxing photos showing logos, packaging, instruction sheets.
  • Comparison matrix highlighting material differences (quality, warranty cards, serial numbers).
  • Affidavit or declaration from the investigator describing custody and authenticity checks.
Intelligence Sources
  • Marketplace data: Use Brand Registry, VeRO, and brand protection dashboards to pull historical listing metadata and seller metrics.
  • Payments and logistics: Look for PayPal emails, Amazon payout bank info, 3PL labels, or UPS account numbers to identify the party with assets.
  • Domain and social search: WHOIS records, LinkedIn profiles, and Shopify theme code often expose the person behind the storefront.
  • Prior complaints: USPTO TTAB cases, federal dockets, and recall databases show pattern evidence of willfulness.
Pro tip: Embed thumbnails of the infringing listing directly in the demand letter so the recipient sees the evidence before considering a response.
Structuring the Demand Letter

Essential Sections

1. Ownership & Priority

Reference registration numbers, first-use dates, and any recorded customs filings. Attach exhibits or link to USPTO records.

2. Conduct & Evidence

Describe the listings, marketplaces, and fulfillment channels that show counterfeit or confusing similarity. Cite attached captures and lab results.

3. Legal Violations

Lay out the Lanham Act sections, state statutes, and platform terms breached. Call out willfulness if prior notices were ignored.

4. Demands & Deadlines

Set a short timeline (typically 48-72 hours) for takedowns, then 7-10 days for written confirmation and accounting.

Tone & Leverage
  • Marketplace leverage: Explain that you will file Brand Registry / VeRO complaints with the evidence if the seller ignores the demand.
  • Financial leverage: Reference statutory damages and profits disgorgement, especially for sellers using U.S. payments or warehouses.
  • Customs leverage: Warn importers that CBP will detain incoming shipments tied to the same supplier IDs.
  • Negotiation off-ramps: Offer a licensing pathway or sell-through window only if seller discloses inventory and supplier lists.
Avoid empty threats. Do not promise litigation or seizures unless you are prepared to execute. Counterfeiters often test whether the brand actually follows through.
Marketplace, Payment, and Border Actions
Parallel escalation gets results. Demand letters work fastest when paired with platform complaints, payment processor notices, and customs alerts.

Amazon & Marketplaces

  • Cite Amazon Anti-Counterfeiting Policy, FBA requirements, and potential account holdbacks.
  • Send copies of the demand to Amazon Notice, Etsy Legal, or Walmart IP teams referencing Brand Registry case numbers.
  • Request seller suspension until they provide invoices from authorized distributors.

Payments & Logistics

  • Notify Stripe, Shopify Payments, PayPal, or marketplaces that handle payouts; counterfeit activity violates their agreements.
  • Contact 3PL providers (ShipBob, Deliverr, Flexport) to flag infringing SKUs and request quarantine based on trademark rights.
  • Coordinate with domain hosts to remove storefronts when they reuse your name or product photography.
Customs & International
  • Record marks with CBP: Provide product guides, authentication tips, and contacts to frontline officers.
  • Issue detention letters: If CBP seizes goods, send notice to importer referencing 19 CFR 133 and set inspection windows.
  • Coordinate with EUIPO/Asia: Brands selling globally should align U.S. and foreign takedowns so that sellers cannot simply relist on overseas platforms.
Responding to Counterfeit Demands

Sellers who receive a demand need to assess whether they truly have authorization, whether goods materially differ, and whether the alleged mark is actually protectable.

For Brand Owners

  • Insist on sworn declarations if the seller claims goods are genuine; require invoices from authorized distributors.
  • Reject excuses based on “first sale” when packaging, warranty, or QA controls differ.
  • Escalate immediately if the seller retaliates with fake reviews or trademark cancellation threats.

For Accused Sellers

  • Confirm whether you purchased from the brand, its licensee, or grey-market suppliers, and document any differences.
  • Evaluate potential defenses: nominative fair use, descriptive terms, resale of authentic goods without material differences.
  • Consider negotiating a license, partial sell-through, or voluntary rebrand to avoid platform bans.
Decision Tree
Scenario Recommended Action
Clear counterfeit with fake serial numbers Cease immediately, disclose inventory, offer profits accounting, request settlement release.
Parallel import of genuine goods Analyze material differences; if minimal, negotiate territory carveout or relabeling, otherwise prepare for injunction.
Alleged trade dress similarity Collect consumer confusion data and assess possibility of redesign before litigation.
Sample Counterfeit Demand Language

Use the template below as a starting point. Tailor exhibits, statutory references, and deadlines to the specific seller.

[Date] [Seller Name] [Seller Address] Re: Unauthorized sale of counterfeit [Brand] products I represent [Brand], owner of U.S. Trademark Reg. Nos. [List] and recorded with U.S. Customs and Border Protection. Our investigation shows that your seller account “[Storefront]” offers and ships products that copy the [Brand] mark, packaging, and trade dress. Exhibit A contains dated screenshots of your listings; Exhibit B documents the test purchase that confirmed counterfeit identifiers (missing QR label, inferior charger, no warranty card). Your conduct violates 15 U.S.C. §§1114, 1125(a), California Business & Professions Code §17200, and the Anti-Counterfeiting Policy you accepted with [Marketplace]. Because this is willful infringement, my client is entitled to statutory damages up to $2,000,000 per mark, disgorgement of profits, attorneys’ fees, and destruction of infringing inventory. Demand is made that within 72 hours you: (1) remove every listing, advertisement, and social post for the infringing goods; (2) provide a written accounting of all units sold, supplier contacts, inventory on hand, and gross revenue since launch; and (3) confirm that you will destroy remaining stock or surrender it for verification. If you fail to comply, I will file formal takedown complaints with Amazon Brand Registry, Stripe, and CBP, and I am prepared to seek an injunction in federal court without further notice. Please respond in writing by [Deadline] so I can discuss resolution options. Communications should be directed to my office at owner@terms.law. Sincerely, Sergei Tokmakov Attorney for [Brand]
Reminder: Attach the actual exhibits referenced above so the recipient cannot claim ignorance of the infringing product images.
File complaints immediately after the deadline expires or sooner if the seller ignores the letter. Mention in the complaint that you attempted resolution and attach the demand letter for credibility.
Unregistered trade dress is still actionable under 15 U.S.C. §1125(a) if you can show distinctiveness and likelihood of confusion. Provide evidence of your consistent packaging and consumer recognition before citing dilution or confusion in the demand.
Yes. Courts routinely order infringers to identify suppliers, and referencing that relief in the letter increases leverage. Consider offering a reduced damages payment if the seller discloses upstream manufacturers you can pursue directly.
Attorney Services & Next Steps

Brand Protection Representation

I represent brands, marketplaces, agencies, and sellers navigating counterfeit disputes. My practice handles demand letters, platform escalations, negotiations, and litigation when a takedown is not enough.

Email me at owner@terms.law or use the Calendly link below to coordinate a strategy call.

Schedule Strategy Call

For Brand Owners

  • Trademark audits, USPTO filings, and CBP recordations.
  • Demand letters with platform-ready evidence packets.
  • Marketplace complaint management (Amazon, Walmart, Etsy, TikTok Shop).
  • Settlement negotiations, supplier disclosure agreements, consent judgments.
  • Federal litigation and emergency injunctions when sellers resurface.

For Accused Sellers

  • Rapid exposure analysis and vetting of the brand’s claims.
  • Drafting response letters with evidence of authenticity or defenses.
  • Negotiating licenses, sell-through agreements, or rebranding timelines.
  • Defending federal lawsuits, seizure actions, and customs detentions.
Engagement Notes
  • Demand packages typically range from $2,500-$5,000 per target depending on investigation complexity.
  • Platform escalation, settlement drafting, and litigation are billed hourly with an initial retainer.
  • No consultations are offered; strategy calls focus on viable enforcement or defense plans.

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