Counterfeit Investigations: Finding the Source
Antes de actuar, hay que probar la falsificación y encontrar su origen.
Before a takedown, a letter, or a lawsuit, you need proof: that the goods are fake, who is selling them, and where the stock comes from. We run documented test purchases, trace sellers behind storefronts, payment accounts, and domains, and follow counterfeit goods to the importers and warehouses that supply them, including through Miami's port and airport.
Already have the evidence?Bringing Counterfeiting Claims →
Evidence comes before any letter or lawsuit
A suspicion is not a claim. Before you send a demand, file a takedown, or ask a court to freeze a seller's money, you need to know three things: that the goods are in fact counterfeit, who is selling them, and where the stock comes from. A counterfeiting investigation answers those questions with evidence that a platform, U.S. Customs, or a federal judge will accept.
Getting it wrong is expensive. A takedown against genuine goods resold lawfully can expose you to complaints from the seller and from the platform. A letter to the wrong company tips off the real source. A seizure or freeze based on thin evidence can be dissolved, and the person who obtained it can owe damages for a wrongful seizure under 15 U.S.C. § 1116(d)(11).
The investigation is also where cost is controlled. A well-documented test purchase and a traced seller often resolve a matter with a takedown or a letter. Litigation is reserved for sellers who keep going, hide behind shell storefronts, or move volume through the ports.
Signs worth investigating
- Prices far below your lowest authorized price, especially for new goods
- Your own product photos, copy, or packaging art on a listing you did not authorize
- Customer complaints about quality, missing serial numbers, or odd packaging
- Sellers shipping your product from a country where you do not distribute
- A sudden cluster of new storefronts with similar names and listings
- Look-alike domains or social accounts using your mark to sell
- CBP notices of detained shipments bearing your mark
Test purchases that hold up later
A test purchase is an ordinary buy, made the way any customer would make it, and documented so that nobody can later question what was bought, from whom, and what arrived.
- Before buyingCapture the listingFull-page captures of the listing, seller page, price, and URL, with the date and time recorded.
- The orderBuy as a customerA normal checkout using a payment method that produces a record of the payee name and order number.
- DeliveryReceive and photographPhotograph the sealed parcel, shipping label, and customs forms before opening, then each item as unpacked.
- AnalysisCompare with genuineA side-by-side comparison against authentic goods by someone who knows the product.
- StorageSeal and logBag, label, and store the item with a written custody log showing every person who handled it.
What a side-by-side comparison should cover
The comparison is usually prepared by a brand representative who can later sign a declaration. Courts look for specific, observable differences, not a general statement that the item "is fake."
| Feature | What to compare | Why it matters |
|---|---|---|
| Mark and logo | Font, spacing, proportions, placement, and color of every mark on the item and packaging | Shows whether the mark is identical or substantially indistinguishable, the test for a counterfeit under 15 U.S.C. § 1127 |
| Codes and identifiers | Serial numbers, lot codes, date codes, UPCs, QR codes, holograms | Duplicated or nonexistent codes are some of the clearest proof |
| Materials and build | Fabric, hardware, stitching, weight, finish, ingredients, components | Separates counterfeits from genuine goods resold lawfully |
| Packaging and inserts | Box construction, printing quality, warranty cards, manuals, safety labels | Packaging is often copied separately and shipped apart from the goods |
| Origin markings | Country-of-origin labels, factory codes, importer details on the label | Points toward the factory and importer, and supports a referral to CBP |
| Price and channel | Price paid against your authorized price list and distribution channels | Supports willfulness and helps identify diverted genuine goods |
Who is behind the storefront, the payment account, and the domain
Storefront names are cheap and change often. Real identities sit behind them in marketplace records, payment accounts, domain registrations, and shipping paperwork. We use the public disclosure tools first and court process when they run out.
Seller disclosures under the INFORM Consumers Act
Online marketplaces must collect and verify identity, bank, and tax information from high-volume third-party sellers: those with 200 or more sales and $5,000 or more in revenue in a continuous 12-month period within the last 24 months. For sellers with $20,000 or more in annual gross revenue on the platform, the marketplace must show the seller's name, physical address, and contact details to buyers, on the listing or in the order confirmation. Each listing must also offer a way to report suspicious activity.
INFORM Consumers Act (2022) · FTCRDAP lookups and registration-data requests
For generic top-level domains, RDAP replaced WHOIS as the authoritative source of registration data on January 28, 2025. Most registrant details are now redacted, so we check ICANN Lookup first and then request the nonpublic data. ICANN's Registration Data Request Service (RDRS) routes requests to participating registrars and has been extended through December 2027; registrars that do not participate have their own disclosure processes.
ICANN RDAP · RDRSPayee names and payment accounts
A test purchase records the payee name, the payment processor, and sometimes a merchant ID. Payment records often link storefronts that look unrelated. Once a lawsuit is filed, subpoenas to marketplaces and processors can reach account holders, linked accounts, and transaction histories that no public tool reveals.
Fed. R. Civ. P. 26(d), 45Return addresses and shipping labels
Return addresses, sender names, tracking numbers, and customs declarations on the test-purchase parcel show where stock is held. Repeated return addresses often point to a warehouse or forwarder serving many storefronts.
Test-purchase packagingBusiness filings and social accounts
State business registrations, including Florida's Division of Corporations records, fictitious-name filings, social media profiles, and messaging accounts used to take orders often connect a storefront to a real person or company.
Florida Sunbiz · social platformsConnecting storefronts
Shared images, identical listing text, the same payee, the same return address, or the same customer-service number can tie many storefronts to one operator. Those links matter later, because courts now ask for specific facts before allowing many sellers to be sued together.
Fed. R. Civ. P. 20Disclosure tools have limits. INFORM disclosures reach only sellers above the thresholds, and a seller relying on the personal-address exception may show only a country and state. RDRS reaches only participating registrars. Domain disputes over look-alike sites are handled separately; see Domain Name Disputes.
Following the goods through Miami's port and airport
Counterfeits sold online still move physically. Finding the importer and the warehouse is what lets you stop stock, not just listings.
Miami is one of the country's main gateways for goods moving to and from Latin America and the Caribbean. Miami International Airport ranks first among U.S. airports for international freight, handling about 2.9 million tons of it in 2025. PortMiami handles container cargo, and freight forwarders, consolidators, and warehouses in Miami-Dade serve both legitimate trade and counterfeiters who route goods north or south through the region.
When a test purchase ships from a Florida address, or a seller's stock appears to clear customs in Miami, we look at the shipping paperwork, the forwarder named on labels, and the importer of record where it can be identified. Spanish-language sellers and forwarders are common in this trade, and our attorneys work in Spanish as well as English.
U.S. Customs and Border Protection is the most useful source of importer information, but only if your registration is recorded with CBP. Once a mark is recorded, CBP can detain suspect shipments, share images and samples with you, and, after a seizure, tell you who made, exported, and imported the goods. That disclosure often identifies the real business behind dozens of storefronts.
Brand owners can also report importers of commercial quantities through CBP's e-Allegations system. Specific facts help: importer names, shipping routes, product descriptions, and the evidence from your test purchases.
What CBP can tell a recorded owner
Under 19 C.F.R. § 133.21:
- During detention: date of importation, port of entry, description, quantity, and country of origin, plus redacted images or samples (samples require a bond)
- If the importer does not show the goods are genuine within 7 business days: unredacted images and samples, to help CBP decide
- After seizure, within 30 business days of the seizure notice, if available: the names and addresses of the manufacturer, exporter, and importer
CBP can detain suspect goods for up to 30 days from presentation. Answer its requests quickly.
What CBP seized at the border in FY 2025
CBP's latest annual figures, for the fiscal year that ended September 30, 2025, show record seizures. They also show where investigations should focus: high-value categories, container cargo, and a few source economies.
Seized goods by retail value, FY 2025
MSRP of the genuine goods, top categories. Jewelry, watches, and handbags lead.
How seized items arrived, FY 2025
Share of items seized, by mode of transport. Container cargo overtook small parcels after the de minimis exemption was suspended in 2025.
For investigators, the shift to containers means importers of record, customs brokers, and warehouses matter more than individual parcels.
Sources. U.S. Customs and Border Protection, Intellectual Property Rights Seizure Statistics, Fiscal Year 2025 (Publication 5471-0326, released 2026), the latest annual report available as of October 2026. Shares are rounded and may not total 100%. MSRP is the value of the genuine goods, not the counterfeits. Miami freight figure: Miami-Dade Aviation Department. CBP does not publish seizure totals by port in its annual report.
Outside investigators, and the limits we work within
Many matters need people on the ground: a licensed investigator to visit a flea market, photograph a warehouse, or make an in-person buy. We direct that work, and we are responsible for how it is done.
Florida licenses private investigators and investigative agencies under Chapter 493 of the Florida Statutes. We work with licensed investigators in Florida, and abroad with local counsel and investigators in the country concerned, and we give them written instructions on what they may and may not do.
Lawyers cannot do through an investigator what they could not do themselves. Rule 4-8.4(a) of the Rules Regulating The Florida Bar bars violating the rules "through the acts of another," and Rule 4-5.3 makes lawyers responsible for the conduct of nonlawyers they direct. Three other rules set the boundaries:
- Rule 4-4.1 prohibits knowingly making a false statement of material fact to a third person.
- Rule 4-4.2 prohibits communicating about the subject of a matter with a person the lawyer knows is represented by counsel, without that counsel's consent.
- Rule 4-8.4(c) prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation. Florida's rule has an exception for undercover investigations, but it covers lawyers for criminal law enforcement and regulatory agencies only, not lawyers in private practice.
Courts in other jurisdictions have accepted evidence from investigators who simply posed as ordinary customers and bought what was offered, as in Apple Corps Ltd. v. International Collectors Society (D.N.J. 1998) and Gidatex, S.r.L. v. Campaniello Imports, Ltd. (S.D.N.Y. 1999). But a court excluded recordings where an investigator tried to draw admissions out of a salesperson in Midwest Motor Sports, Inc. v. Arctic Cat Sales, Inc. (D.S.D. 2001). Because Florida's rule has no private-practice exception, we keep test purchases to what any customer would do and say.
Our investigation rules
- Buy only what is openly offered, the way any customer would
- Keep conversation to what a normal purchase involves
- No questioning of sellers to obtain admissions
- No contact about the matter with anyone known to have a lawyer
- No false identities beyond an ordinary customer's
- No hacking, account access, or recording where state law requires consent
- Every step documented, so the method can be disclosed to a court
What a complete evidence file contains
Whatever comes next, a takedown, a letter, a seizure, or a lawsuit, it draws on the same file. Build it once and build it properly.
Product and purchase evidence
- Your registration certificates, with the classes covering the counterfeit goods
- Dated captures of each listing, storefront, and seller profile, with URLs
- Order confirmations, receipts, and payment records showing the payee
- Photos of the sealed parcel, shipping label, and customs forms
- Photos of each item as unpacked, with a scale reference
- The physical items, sealed, labeled, and stored
- A chain-of-custody log for every person who handled them
- A side-by-side comparison against genuine goods, signed by the person who prepared it
Seller and supply-chain evidence
- Seller names and addresses disclosed by the marketplace
- RDAP results and any registration-data request responses for domains
- Links between storefronts: shared payees, addresses, images, or phone numbers
- Business registrations and social accounts tied to the seller
- CBP detention and seizure notices and any importer disclosures
- Your authorized price list and distributor list, to rule out diverted genuine goods
- Sales volume indicators: review counts, units sold, inventory notices
- Any prior notices to the seller and the seller's responses
Once a dispute is likely, preserve your own records too. See Preservation Notices.
What the investigation feeds
The findings decide the response. These questions show how we match the evidence to the tool.
A platform takedown is usually first. Registered brands on Amazon can use Brand Registry; copied product photos can go through a DMCA notice. Takedowns are fast but do not identify or stop the source.
A cease and desist letter can demand that sales stop, that stock be surrendered, and that suppliers be named. We send letters in English and Spanish.
That is the situation an ex parte seizure order under 15 U.S.C. § 1116(d) is for. The application must rest on specific facts, which is what the investigation supplies. See ex parte seizure orders.
Brand owners sometimes sue many sellers in one action and seek a temporary restraining order and asset freeze. Courts now require specific facts tying the sellers together, so the storefront links documented here matter. See multi-defendant online-seller actions.
Record the registration with CBP if you have not, prepare a product identification guide, and consider an e-Allegation with the importer details you found.
Were you the one named in a multi-defendant case? That is a defense matter; see Schedule A Disputes.
How we run a counterfeiting investigation
We scope the work to the decision you need to make, so you are not paying for investigation beyond what the next step requires.
- Day 1IntakeYour registrations, the listings or tips, and what genuine goods look like.
- Week 1Scope and planWhich sellers to buy from, which tools to use, and a budget.
- Weeks 1–3Test purchasesDocumented buys with chain of custody, online or in person.
- In parallelTraceMarketplace, domain, payment, shipping, and public-record tracing.
- On receiptCompareSide-by-side analysis with your product team.
- ReportRecommendA written report of the findings and the options they support.
Robert H. Thornburg leads the firm's Lanham Act litigation and counterfeit enforcement. Susan J. Latham brings in-house brand-enforcement experience, including Customs recordation work. Melissa Dangond Crews works with Spanish-language sellers and the firm's Latin American counsel, and James R. Leahy handles e-commerce and technology questions, such as platform records and data.
For brands based abroad, we coordinate with your home-country counsel so that evidence gathered in the United States can also support action at the factory or exporter level. See Latin American Brands and European Brands.
What you receive
- A findings report organized by seller, with the evidence behind each conclusion
- The sealed test-purchase items and custody logs
- A recommended next step for each seller, with the reasons
- Draft declarations ready for a platform, CBP, or a court
Five common mistakes in counterfeit investigations
Most problems in counterfeiting cases start in the first weeks, before a lawyer is involved.
Messaging the seller first
A warning message on the marketplace usually leads the seller to close the storefront, move stock, and reopen under a new name. Evidence disappears with it.
Tipping offCapture and buy before any contact.
Assuming every cheap listing is fake
Genuine goods resold lawfully, gray-market imports, and closeouts can look like counterfeits from a listing alone. A takedown against genuine goods invites a dispute.
Genuine vs. counterfeitConfirm with a test purchase and a real comparison.
Opening the parcel with no record
An item unboxed on a desk, photographed later, and stored loose is hard to authenticate in court. The other side will ask who touched it and when.
Chain of custodyPhotograph the sealed parcel, log every handler, and seal the item.
Letting investigators improvise
An investigator who pressures a seller for admissions, or contacts someone known to have a lawyer, can put the evidence and the case at risk.
Fla. Bar Rules 4-4.2, 4-5.3, 4-8.4Give written instructions, and keep the buy ordinary.
Ignoring the border
Brands chase listings one at a time while stock keeps arriving through the ports. Without a CBP recordation, CBP has no record of your rights or your supply chain to work from.
19 C.F.R. Part 133Record with CBP and use the importer data it discloses.
Frequently asked questions
Do I need a lawyer to make a test purchase?
No, but the purchase is far more useful when it is planned and documented with litigation in mind: dated captures, payment records, photos of the sealed parcel, and a chain-of-custody log. A buy made casually is often hard to use later.
Can the marketplace tell me who the seller is?
Sometimes. Under the INFORM Consumers Act, marketplaces must show the name, physical address, and contact details of high-volume sellers with $20,000 or more in annual gross revenue on the platform. Smaller sellers, and sellers using the personal-address exception, may show less. Beyond that, identities usually come through subpoenas once a lawsuit is filed.
How do I find out who owns a website selling fakes?
Start with an RDAP lookup through ICANN Lookup. Because most registrant data is redacted, the next step is a request for the nonpublic data, through ICANN's Registration Data Request Service for participating registrars or through the registrar's own process. Hosting providers, payment processors, and court subpoenas are other routes.
Will U.S. Customs tell me who imported counterfeits of my brand?
If your registration is recorded with CBP and CBP seizes goods bearing a counterfeit of your mark, CBP discloses, if available, the names and addresses of the manufacturer, exporter, and importer within 30 business days of the seizure notice under 19 C.F.R. § 133.21(e). Without recordation, you have no standing arrangement with CBP to receive this.
Is it legal for an investigator to pose as a customer?
Courts in several jurisdictions have accepted evidence from investigators who acted as ordinary customers. Florida's ethics rules have no exception for private lawyers, so we keep investigators to what an ordinary customer would do and say, and we do not let them seek admissions or contact represented parties.
How long does an investigation take?
It depends on the number of sellers and where they ship from. Online test purchases often arrive within days to a few weeks. Tracing through registrars and marketplaces can take longer, and some identities become available only through court process.
Can you investigate sellers in Latin America or Europe?
Yes, working with local counsel and investigators in the countries concerned. U.S. evidence can support action abroad, and evidence from abroad can support a U.S. case. Our attorneys work in English and Spanish; other languages are handled through qualified translators.
What if the investigation shows the goods are genuine?
Then the next step is different. Genuine goods resold without material differences are usually lawful. Gray-market goods with material differences may be addressed through CBP's Lever-rule protection or other claims. We tell you what the evidence supports, including when it supports no action.
Report suspected counterfeits
Send links to the listings, screenshots, photos of suspect goods, any CBP notices, and your registration numbers. Do not contact the seller first.
- Documented test purchases with chain of custody
- Tracing of sellers, domains, payments, and importers
- Coordination with CBP on recorded marks
- A written report and recommended next step
Prefer to talk first? Call or email, or message us on WhatsApp. Atendemos en español.
- 19 C.F.R. § 133.21, Articles suspected of bearing counterfeit marks (eCFR)
- U.S. Customs and Border Protection, Intellectual Property Rights Seizure Statistics, FY 2025 (Pub. 5471-0326)
- CBP, e-Allegations: report trade violations
- Miami International Airport, About MIA (cargo rankings, 2025)
- FTC, What third-party sellers need to know about the INFORM Consumers Act
- ICANN, Launching RDAP; Sunsetting WHOIS (Jan. 27, 2025)
- Dreyfus, ICANN's Registration Data Request Service through 2027 (Jan. 2026)
- Rules Regulating The Florida Bar, Rule 4-8.4, Misconduct
- Rules Regulating The Florida Bar, Rule 4-4.2, Communication with person represented by counsel
- The Florida Bar News, Rule would allow some lawyers to supervise undercover work
- Faegre Drinker, In trademark investigations, pretexting is not a naughty word (case survey)
- Florida Association of Licensed Investigators, Licensing under Chapter 493
General information, not legal advice for your situation. Statutes, rules, and fees as of October 2026. Last reviewed October 28, 2026.