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Three challenges to consider as part of your brand protection strategies
Blog Post / Published, May 15, 2025

3 Emerging Trends to Consider in Corporate Brand Protection Strategies

overview

The ability to identify and take down fake goods online is crucial to brand protection efforts in today’s digital age. However, brand owners should also consider the connection between online and offline activities and be adaptable to emerging trends when developing their brand protection strategies, say Elena Galletti, Head of Trademark Services Architecture, and Yuliya Kotenko, Customer Success Manager, at Questel. 

From AI scams to IP address cloaking, counterfeiters are becoming increasingly sophisticated in their efforts to target consumers and escape detection. As we discussed in our recent webinar ‘Current Issues in Brand Protection—Bridging Online & Offline Strategies’, however, these emerging forms of counterfeiting, domain squatting, and social media impersonation are more than just digital threats. As illicit online activities are so often tied to offline activities, protecting brand reputation, revenue, and consumer trust requires a proactive approach that bridges online monitoring with measures to limit counterfeit circulation. But where should you start—and how can technology assist? 

In this article, we share three emerging trends in online and offline infringement, three trending channels for counterfeiting, and the four key pillars of our one brand protection solution. 

In a Nutshell: Online and Offline Challenges for Brand Owners

—The Growing Market for Fake Goods 

  • The market for fake goods was worth more than 3% of the total international trade in 2023. We estimate a growth of 2% every five years. 
  • The three most copied luxury brands are Louis Vuitton, Gucci, and Balenciaga.
  • The World Health Organization (WHO) details four types of fake medical products: counterfeiting, tampering, theft, and illegal diversion. 

—Key Routes for Transit and Trade 

  • The Organisation for Economic Co-operation and Development (OECD) estimates that most counterfeit goods are delivered by sea (56%), followed by air (16%) and mail/post (11%); however, most customs seizures are for mail/post (57%), air (15%), and sea (11%).
  • A joint report released in November 2024 by the European Commission and EU Intellectual Property Office (EUIPO) identifies an increase of around 121% of the global estimated value of counterfeit products detained in the EU internal market.
  • China continues to be the main source of counterfeit goods entering the EU and U.S. (results at the border), with Hong Kong and Turkey following closely behind. 
Counterfeiters are targeting Louis Vuitton, image of handbags

Counterfeiters are Evolving their Models and Strategies 

Brand owners take online and offline brand protection seriously, and rightly so. However, brand protection strategies and solutions can never sit still, as counterfeiters are adept at finding ways to work around their monitoring and enforcement efforts. Here are just two examples: 

  • To evade the latest online brand protection monitoring technologies, counterfeiters are careful not to use branded product names, trademarks, and key phrases while also carefully selecting product images that do not belong to the brand.
  • Packaging materials were one of the most common counterfeit products detained in the EU (border and internal market together). By shipping packaging separately from the valuable, unbranded goods and assembling them within the EU, infringers are attempting to avoid detection. 
     

In this game of cat and mouse, the battle to stay ahead can represent a constant headache for brand owners, and they are looking for their IP suppliers—and their technologies—to step up in support. 

Are You Currently Using AI in Your Brand Protection Strategy? 

Approximately 50% of the attendees of our recent webinar ‘Current Issues in Brand Protection—Bridging Online & Offline Strategies’ use artificial intelligence (AI) as part of their brand protection strategies.  

Share your approach to AI for brand protection in our online poll: 

PollMaker

AI Risks and Opportunities 

- AI introduces new risks for brand owners since criminals are increasingly using generative AI to create sophisticated and persuasive scam emails, using copyright-protected materials to train models, and blurring the lines between content creation and ownership.  

+ Nonetheless, as digital threats, cybercrime, and fake accounts/online impersonation continue to grow, AI could play a vital role in helping companies and their advisors to ensure the longevity and success of their brands online. 

Trendspotting: Emerging Threats, Channels, and Geographies

—3 Trending Brand Protection Threats

We know from speaking to our clients that brand owners face threats from many angles, but the following are the three most persistent issues they cite currently: 

  • 1. Social media and live shopping: Social media platforms have become a breeding ground for counterfeit goods and unauthorized brand activities, requiring proactive monitoring and response.
  • 2. Impersonation fraud: Fake seller accounts and fraudulent stores (often using AI) imitating legitimate brands to deceive consumers.
  • 3. Cloaking techniques: Counterfeiters use various cloaking techniques to display different content to different audiences, ensuring that online monitoring software sees legitimate content while buyers see fake or infringing products. 
     

While most brand owners will already have considered social media and web content infringement as part of their online brand protection strategies, the third threat can pose more of a headache to address. 

—5 Common Cloaking Techniques

The five most common cloaking techniques used by counterfeiters are: 

  • 1. IP-Based Cloaking  

The website detects the visitor’s IP address and shows different content.  

Example: A counterfeit sneaker site blocks traffic from known enforcement agencies but allows access from standard retail customers. 

  • 2. User-Agent Cloaking  

The website identifies the browser type or device (e.g., desktop vs. mobile) and adapts its content accordingly.  

Example: A marketplace seller hides counterfeit listings when visited by a desktop browser (as most online monitoring is conducted on desktops) but displays them to mobile users (as they are more likely to be consumers). 

  • 3. Referral Cloaking  

The website determines where a visitor is coming from (Google, social media, direct link) and filters content accordingly. 

Example: If a visitor clicks a link from an online monitoring tool, they see a legitimate product. But if they arrive from a private link shared in a WhatsApp group, they see fake items. 

  • 4. JavaScript Cloaking  

Cloakers use JavaScript to detect bots or crawlers and deliver harmless content to them while showing real counterfeit products to human users.  

Example: A counterfeit electronics store detects and blocks automated scanning tools from platforms like Amazon or eBay, preventing them from flagging infringing listings. 

  • 5. Time-Based Cloaking  

The counterfeit site hides infringing products at certain hours.  
Example: Fake designer bags disappear during the daytime but reappear after hours for buyers. 

—3 Trending Channels 

Social media, e-commerce, and live auction sites are the three most trending areas for brand protection: 

Trending sites for online monitoring, pie chart

Of these, Xiaohongshu (“Little Red Book”) has undergone a notable boom recently, with U.S. users migrating from TikTok due to the threatened ban and others attracted by the platform’s appealing features and content, which can be described as a mix of social networking and e-commerce. Unfortunately for brand owners, this also means it’s a potential hotspot for “dupes” (fake luxury goods) and “factory extras.” Identifying infringement is challenging, with hashtag cloaking used to bypass monitoring. Similarly, private sales via direct messages (DMs) can make enforcement difficult. 

The bargain-focused e-commerce platform Pinduoduo is another key area of concern. Not only does its ultra-low pricing attract counterfeit sellers, but its third-party marketplace structure also limits seller vetting, while flash sales and disappearing listings hinder enforcement. 

How Can You Combat These Emerging Trends? 

Work with your legal advisor and online brand protection service provider to consider the following four action points:  

  • 1. Strengthen Brand Protection Strategies 
    Utilize an advanced online monitoring platform to continuously scan the internet for unauthorized use of your trademark, including social media, marketplaces, and websites.
  • 2. Enforce Swift & Targeted Takedowns 
    Maximize platform collaboration by working closely with e-commerce and social platforms for faster removals. Issue cease-and-desist notices where appropriate and escalate persistent cases.
  • 3. Educate Consumers & Partners 
    Run awareness campaigns to inform buyers on how to identify fakes and report them. Consider authorized seller programs to strengthen distribution channels to reduce unauthorized sales.
  • 4. Improve Cross-Border Enforcement 
    Establish regional partnerships to work with authorities and legal advisors to address international sellers. Collaborate with customs officials to block counterfeit imports. 
     

For more practical insights on how technology could support you to establish a comprehensive social media and e-commerce monitoring and takedown process, contact our subject matter experts to request a demo of the dedicated modules in our online brand protection solution. 

How to combat counterfeiters, brand protection strategies, image of question mark

—Which are the Trending Locations? 

The illustration below shows the main hubs for fake goods worldwide and the sectors that are most affected. This difference across the globe is another reason why it’s so important to take a targeted approach to online brand protection. 

Counterfeiters: map of trending locations
 

Offline Brand Protection: The Indian Counterfeit Market 

For our recent webinar ‘Current Issues in Brand Protection—Bridging Online & Offline Strategies’, we invited a guest speaker to shed some light on current offline trends in counterfeit goods in one of these trending locations. Mr. Davesh Vashishtha, Partner at AILegal Consultants kindly shared his perspectives on offline monitoring and enforcement in India.  

Key highlights from his presentation included: 

  • The top four areas for counterfeits in India are apparel, fast-moving consumer goods (FMCGs), automotives, and pharmaceuticals.
  • An estimated three million jobs have been lost in the country due to the impact of counterfeiting on the economy.
  • A well-executed raid and seizure strategy is crucial for robust brand protection in India. Mr. Vashishtha recommends a mix of civil and criminal actions: 

Offline actions that can be taken in India against counterfeiters, as part of brand protection strategies To discover more about these actions, including the case studies that Mr. Vashishtha shared in his presentation, please watch the webinar recording.  

4 Key Pillars of Questel's Online Brand Protection Solution 

Four key pillars, brand protection strategies, image of number 4

We designed our online brand protection solution to enable brand owners to target their monitoring and pre-agreed enforcement activities through one comprehensive case management system (CMS). Depending on your industry sector, problematic regions, and targeted channels, our subject matter experts will help you fully customize your approach to ensure you achieve our four key outcomes: 

— Early Detection & Monitoring 

  • How? Continuous AI-powered scanning of e-commerce, social media, and online marketplaces.
  • Why? Identifies counterfeits, impersonation, and trademark infringements in real-time. 

—Rapid Takedown & Enforcement 

  • How? Direct partnerships with platforms for fast removal of infringing content.
  • Why? Automated takedown workflows reduce response time and legal costs. 

—Data-Driven Insights & Risk Assessments 

  • How? Geographical trends & analytics to pinpoint high-risk regions. 
  • Why? Identifies repeat offenders and counterfeit networks for stronger action.  

—Brand & Consumer Protection 

  • How? Safeguards brand reputation and revenue from unauthorized sellers. 
  • Why? Protects consumers from harmful counterfeit products (fake electronics, cosmetics, etc.). 
     

For more information about our online brand protection solution, contact our subject matter experts for a demo.