A copied logo, a reused campaign photograph, an imitated product shape, and a fake branded product may appear together on one marketplace page. They do not describe the same legal issue.
This distinction matters because a complaint framed around the wrong right can obscure the actual problem. The useful public question is which protected interest matches the conduct—not how a particular enforcement case is assembled.
Start with the protected asset and the conduct—not with the outcome the brand wants.
01
Four labels, four different questions
Is a sign being used in a way that implicates the brand identifier and the applicable territory?
Has protected creative expression—such as an image or text—been reproduced without a sufficient basis?
Does the product embody a protected visual appearance within the right's scope and term?
“Counterfeit” is different again: it describes goods or presentation that falsely pass themselves off as genuine, often engaging trademark rights and sometimes other rights too. It should not be used merely as a synonym for “seller we did not authorise.”
02
Trademark focuses on the sign
WIPO describes a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of another. On a marketplace page, the relevant issue may concern a name, logo, label, packaging element, or another protected sign.
But seeing a brand name is not enough by itself. Genuine resale, descriptive references, compatibility language, territory, and the way the sign is presented can all affect the assessment. Read what a registered trademark adds to marketplace brand protection, then see how unauthorised selling differs from IP infringement.
03
Copyright focuses on creative expression
Copyright can be relevant when a listing reproduces protected product photography, advertising artwork, text, video, software, or other original expression. The product itself does not have to be fake for the presentation of the listing to raise a copyright question.
Ownership, authorship, licences, exceptions, and applicable law still matter. A copied photograph and a product bearing a confusing sign therefore should not be collapsed into a single generic allegation.
04
Design rights focus on appearance
WIPO defines an industrial design as the ornamental aspect of an article, including three-dimensional features such as shape and two-dimensional features such as patterns, lines, or colour. Registration, territory, term, and the protected representations can be central to the scope.
A visual resemblance may justify closer review, but it is not a conclusion. Functional features, the overall impression test, prior designs, and jurisdiction-specific rules can change the analysis.
05
Counterfeit is not a catch-all
A counterfeit allegation generally concerns goods or presentation represented as genuine when they are not. eBay's published IP policy, for example, distinguishes counterfeit goods from unauthorised parallel imports and from misuse of listing content.
A genuine product sold outside an authorised channel is not automatically counterfeit. Conversely, a listing may use a copied photograph or protected design even where authenticity of the physical product cannot be established from the page alone.
06
Rights may overlap without becoming interchangeable
One listing can implicate several rights: a copied product may reproduce a registered shape, carry a protected logo, and reuse the brand's photography. Each issue still needs its own factual and legal basis.
It helps define the review. It does not establish infringement, guarantee removal, or replace advice on the applicable jurisdiction. Bastion prepares supportable marketplace requests; the platform decides the result.
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