Protecting Your Trademark from Counterfeiters

How New York Businesses Can Secure Their Brand Identity Against Fake Goods

After you build a brand, the last thing you want is to see someone else steal it. Counterfeiters hijack your identity, your hard work, and your reputation. If you’re a business owner in New York, you know how fierce the market can be. Counterfeiters make it even harder to stand out and protect what you’ve earned.

At Horn Wright, LLP, we help New York businesses take that pressure off their shoulders. Our seasoned trademark attorneys know how to shut down counterfeit operations and recover damages. Whether your trademark is registered or not, we can evaluate the risk, act fast, and work to stop the harm before it spreads.

Understand What Trademark Counterfeiting Looks Like

Trademark counterfeiting often starts quietly. You might notice a slight dip in sales, a customer complaint about a defective product you didn’t make, or a knockoff version of your work online. Counterfeiters aim to confuse, and they often succeed, especially when they use your exact trademark on fake goods.

In New York, counterfeiters often push goods in busy retail areas like Canal Street or through pop-ups in parts of Brooklyn. Others stay online, selling on eBay, Amazon, or social media using your brand name. If your product has value, someone is probably trying to fake it.

Watch for these warning signs:

• Product listings that copy your language or imagery
• Items sold under your name but shipped from unfamiliar vendors
• Customer reviews or complaints about items you didn’t produce
• Changes in sales volume that don’t match marketing efforts

Counterfeiting can cost you more than money. It damages trust, hurts your reputation, and can lead to safety risks if the fake goods are poorly made.

Know Your Rights Under New York and Federal Trademark Law

If someone copies your mark, you have legal rights. Federal law, through the Lanham Act, gives trademark owners the ability to stop infringers, win damages, and seize counterfeit goods. New York State law also provides protection through General Business Law § 360-k and § 360-l.

Even without a registered trademark, you might have "common law" rights based on your actual use in commerce. But enforcement becomes much stronger with registration.

Here’s what you can do under New York and federal law:

• Sue counterfeiters for damages, including lost profits
• Request injunctions to immediately stop sales
• Work with law enforcement to seize fake goods

If your trademark is active in New York commerce, especially around New York City or major shipping areas like Buffalo or Albany, you need to act quickly. Courts often look at how aggressively brand owners protect their marks.

Register Your Trademark for Stronger Protection

A registered trademark gives you more than a symbol, it gives you leverage. Filing with the U.S. Patent and Trademark Office (USPTO) grants legal presumption of ownership across the country. It also unlocks the ability to file in federal court and work with U.S. Customs and Border Protection (CBP).

You can also register in New York through the Department of State, though federal protection is usually broader.

With a registered mark, you can:

• Pursue statutory damages up to $2 million per counterfeit mark per type of good
• Record your trademark with CBP to block illegal imports
• Use the ® symbol, which signals legal protection to counterfeiters

Without registration, you're still protected under common law, but proving ownership and geographic reach becomes harder, especially in disputes beyond your immediate area.

Monitor Your Brand Actively

No enforcement strategy works if you don't know what's out there. Monitoring your brand regularly can make all the difference. In New York, where products move fast and the market is dense, staying alert helps you catch problems early.

Start by searching for your brand name and products on platforms like:

• Amazon
• eBay
• Etsy
• Alibaba
• Facebook Marketplace

Also check local areas known for counterfeit activity, such as Canal Street in Manhattan or certain flea markets in Queens. Some business owners even hire investigators to check physical locations or monitor social media.

Third-party monitoring tools can help too. Some platforms alert you to listings that match your intellectual property. Others flag suspicious sellers based on history or pricing tactics.

Use Cease and Desist Letters Effectively

When you spot a counterfeiter, you don't have to sue right away. Often, a well-crafted cease and desist letter gets results fast. But it has to be written carefully, especially if you're targeting someone in another state or overseas.

A cease and desist letter should include:

• A clear statement of your rights and trademark registration
• Specific examples of the counterfeit use
• A deadline to remove or stop all infringing activity
• A warning of legal action if the counterfeiter fails to comply

New York business owners should also keep records of all infringing material and communications. That documentation helps later, especially if you need to escalate.

While many counterfeiters back down, some don’t. That’s when it’s time to prepare for litigation.

Take Legal Action When Needed

If cease and desist letters fail, litigation becomes necessary. Trademark owners can file in New York State courts or federal courts like the Southern District of New York (SDNY). Federal courts are often better suited for large-scale or cross-border cases.

Legal actions can help you:

• Recover damages, including lost revenue and attorney’s fees
• Obtain court orders (injunctions) to stop counterfeit sales
• Seize counterfeit goods through coordinated enforcement

If you file under the Lanham Act, you may not even have to prove actual losses. Courts can award statutory damages based on the counterfeiter’s intent and sales.

In places like Manhattan, Long Island, or Rochester, enforcement depends on how quickly you move. The longer counterfeiting continues, the harder it is to fix the damage.

Work with Law Enforcement and Customs Officials

In many cases, law enforcement can play a role. NYPD, state investigators, and federal agents all help target counterfeit rings. You can also work with U.S. Customs and Border Protection to stop imports at New York ports.

To do this, you must record your registered trademark with CBP. Once recorded, Customs can detain, seize, or destroy infringing goods before they reach the market. This matters especially if you suspect overseas manufacturing or mass shipments through the Port of New York and New Jersey.

Also consider:

• Contacting local authorities if the counterfeiters operate within your borough
• Collaborating with retail property owners if fake goods appear in local markets

Counterfeiting often overlaps with other crimes, so law enforcement may pursue additional charges if they get involved.

Educate Your Customers and Partners

Your customers can be your biggest allies. If they know how to spot fake versions of your products, they’ll be less likely to buy them and more likely to alert you.

Ways to educate your audience:

• Add authenticity tips to your website
• Use packaging inserts to highlight brand features
• Share alerts or comparison photos on social media

Also, train your sales team and retail partners. If you sell through stores across New York State, make sure those partners know how to recognize red flags. A store clerk in Syracuse or a distributor in Yonkers might catch something you miss.

When people know what to look for, they help protect your brand too.

Create a Brand Protection Strategy That Grows With You

As your business expands, your risks grow. A one-time takedown won’t protect you long term. You need a brand protection plan that fits your growth.

Start by assessing where your brand appears, online, in retail stores, and through partnerships. Then, put tools and routines in place to watch for misuse.

A scalable strategy includes:

• Regular audits of online listings
• Quarterly reviews of trademark registrations
• Legal check-ins to evaluate new risks
• Software to track logo use or domain names

Small businesses in New York often think they’re too small to be targets. Counterfeiters don’t care how big you are. They only care if they can copy you and turn a profit.

Stay Protected with Help You Can Trust

You worked hard to build your brand. Don’t let someone else chip away at it. At Horn Wright, LLP, we stand up for New York businesses when counterfeiters try to profit off their identity. 

Our attorneys know how to take fast, strategic action to help stop the damage and protect what matters most. If you suspect someone is copying your trademark, reach out today to take back control.