Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

AI Against Counterfeits: How Smart Technology Is Reshaping Brand Protection and Platform Accountability

By Allyson Madrid
August 31, 2025

Last year, a luxury handbag maker discovered something troubling: its latest multi-thousand dollar design was being sold on an online marketplace for $89, complete with what appeared to be their official product photos. Within hours of the listing going live, dozens of orders began pouring in. This scenario plays out thousands of times daily across digital marketplaces worldwide, but increasingly, artificial intelligence is coming to the aid and giving brands new options to prevent and address this kind of infringement.

The global counterfeit trade has exploded to roughly $500 billion annually — a figure that would make it the world's tenth-largest economy if counterfeiting were a country. Digital platforms have inadvertently become the perfect storm for counterfeiters: massive scale, anonymous sellers, and limited oversight create an environment where knockoffs can flourish faster than authentic products can be protected.
At the same time, as AI becomes more sophisticated at detecting fakes, it is not just changing how brands protect themselves — it has the potential to change the legal framework for determining when platforms themselves might be held responsible for the counterfeits sold on their sites.

This premium content is locked for The Intellectual Property Strategist subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.