Before reporting a counterfeit, collect proof of your rights (registration number and certificate), the listing URL and ID, a dated capture of the page, the seller's name and store details, the price, and ideally a test purchase compared with your genuine product. Keep chain of custody notes and a history of each report, organized in one case file.
Before you report a counterfeit, collect proof of your rights, the listing (URL, ID and a dated capture of the page), the seller (name, store and any disclosed business details), the price, and ideally a test purchase compared with your genuine product. Add chain of custody notes for anything you bought and a history of every report, and keep it all in one case file.
This page gives you the checklist as a single table, then explains how to capture each item, how to handle a test purchase and how to organize the file so you can reuse it for marketplace reports, letters and counsel. It is general information, not legal advice.
The checklist
Marketplaces and counsel ask for broadly the same things. Not every case needs every item: a clear copy of your logo on an obvious fake may be removed on the listing evidence alone. The table marks what is usually essential.
| # | Item | What to collect | Why it matters | Usually needed |
|---|---|---|---|---|
| 1 | Rights documents | Trademark registration number, issuing office, certificate, goods covered; copyright or design details if relevant | Proves you own the right you are asserting | Always |
| 2 | Authorization | Letter of authorization if an agent or distributor files | Shows the person reporting may act for the owner | When not filed by the owner |
| 3 | Reference product | Photos of your genuine product, packaging, labels and codes | The baseline for any comparison | Counterfeit claims |
| 4 | Listing URL and ID | Full URL and the platform's listing ID (ASIN, item number, product ID) | Lets the platform find the exact listing | Always |
| 5 | Dated capture | A capture of the full page showing the URL, date, title, images, price and seller | Listings change or disappear after you report | Strongly recommended |
| 6 | Seller identity | Seller name, store link, seller ID, disclosed business name, address and contact | Links repeat listings to one seller, and supports letters | Strongly recommended |
| 7 | Price and currency | The listed price, currency and any discount, with the date | A price far below cost is a supporting signal, not proof | Recommended |
| 8 | Ship-from country | The location or shipping origin shown on the listing | Helps choose where to act and which rules apply | Recommended |
| 9 | Test purchase | Order ID, receipt, payment record, delivery date | Proves the item was sold as shown | Strong counterfeit claims |
| 10 | Comparison | Side-by-side photos of the item received and your genuine product, with the differences listed | Explains how you know it is not genuine | Counterfeit claims |
| 11 | Chain of custody notes | Who ordered, received, opened and stored the item, with dates and photos | Makes the test purchase hard to dispute | If the case may escalate |
| 12 | Related listings | Other listings by the same seller, or the same copy from other sellers | Shows scale and repetition | Repeat sellers |
| 13 | Report history | Date, platform, report type, reference number and outcome of each report | Supports follow-up and escalation | Always |
| 14 | Signs of confusion | Customer reviews, messages or returns from buyers who thought it was yours | Supports a likelihood of confusion argument | Useful for letters and counsel |
How to capture each item
Rights documents
Keep one folder with the registration certificate for each mark and country, plus a short summary: mark, registration number, office, classes and goods. Every marketplace report asks for some of this, and you will retype it less often. Our guide to what trademark infringement is explains why the goods covered by your registration matter.
The listing and a dated capture
Copy the URL from the address bar and note the listing ID. Then capture the whole page, not only the product photo: the title, the images, the price, the seller name and, if possible, the URL and date visible in the capture. Save the file with a consistent name, for example 2026-09-27_amazon-com_B0XXXXXXX.pdf.
Capture before you report
Once you file, the listing may be edited or removed within days. If you did not capture it first, you have nothing to show if it comes back or if the seller disputes the report.
Seller identity
Open the seller profile and record the store name, the store link and any seller ID. Marketplaces increasingly have to disclose who their sellers are. In the US, the INFORM Consumers Act requires online marketplaces to disclose the name, physical address and contact details of high-volume third-party sellers with $20,000 or more in annual gross revenue on the platform. In the EU, the Digital Services Act requires marketplaces to collect and display contact information for the traders who sell through them.
Price and ship-from
A price well below your cost of goods is a useful signal to include in a report, but it is not proof on its own. Record it with the currency and the date, together with the shipping origin shown on the listing.
Test purchases and chain of custody
A test purchase is often the strongest evidence in a counterfeit case, because it moves the question from "the listing looks wrong" to "the item we received is not ours." Amazon's Report Infringement form, for example, includes a field for the order ID.
- Order under a normal buyer account and keep the order ID, receipt and payment record.
- Photograph the parcel on arrival before opening it: the label, the sender, the tracking number and the date.
- Record the unboxing with photos or a short video, showing the item, packaging, labels, codes and inserts.
- Compare with your genuine product side by side, and list each difference: materials, stitching, print quality, labels, serial numbers, packaging.
- Store the item in a sealed, labeled bag with the date and case reference, and note who handled it.
- Wait for delivery before citing it. A report that cites an order not yet received is harder to support.
Safety first
Counterfeit cosmetics, electronics, toys and food products can be dangerous. Do not use or test them on people, and handle batteries and chargers with care.
How to organize the file
Evidence scattered across inboxes, phones and desktop folders is hard to use when you need it. A simple structure works for most brands:
- One folder per case, named with the date, the platform and the listing ID or seller.
- Inside it: the page capture, the seller details, the test purchase photos, the comparison, and copies of every report and reply.
- One log for all cases, as a spreadsheet or in your tool, with a row per listing: URL, seller, date found, status (not reported, reported, gone, relisted), report reference and notes.
- A shared rights folder with certificates and authorization letters, linked from every case.
Common mistakes
- Screenshots without context. A cropped product image with no URL, date or seller proves very little.
- Reporting before capturing. The listing changes, and the evidence is gone.
- No comparison. Saying a product is fake without explaining how you know is a frequent reason reports are rejected.
- Mixing up genuine and fake. An unauthorized seller of genuine goods is not a counterfeiter. Keep those cases separate.
- No report log. Without reference numbers and dates, you cannot show a pattern when the seller relists.
When to involve counsel
A good evidence file is enough for most marketplace reports. Involve an attorney when a seller keeps returning, when the volumes or safety risks are high, when you are considering a cease and desist letter to a well-advised business, or when you want to keep the option of going to court. Counsel will tell you what else is needed in the relevant country, including how long to keep the evidence. For the reporting steps on Amazon, see our guide to removing counterfeit listings on Amazon.
How Valigard helps
Valigard builds much of this file as you work. For each listing you mark as likely counterfeit, it keeps the URL and title, the price and currency, the seller or store name and page, the country, the photo match against your reference photo, a saved and timestamped copy of the page, how many searches found it and whether it was removed or relisted. A seller look-up adds details about who is behind a store, and you can export an evidence pack as PDF or the list as CSV.
The counterfeits list tracks each listing as not reported, reported, gone or relisted, and "Check which are still online" shows what came back. Valigard does not send reports, and it does not determine with legal certainty that a product is counterfeit: you file on each marketplace and log the case number.
Frequently asked questions
What evidence do I need to report a counterfeit?
At minimum: your trademark registration details, the listing URL or ID and an explanation of why the product is not genuine. A dated capture of the page, the seller's details and a test purchase compared with your own product make the report much stronger and help if the case escalates.
Is a screenshot enough evidence of a counterfeit listing?
A screenshot shows what was online, but on its own it rarely proves the product is fake. Make sure it shows the URL, the date, the price and the seller. For a counterfeit claim, combine it with a comparison against your genuine product, ideally after a test purchase.
Should I make a test purchase before reporting a counterfeit?
It is not always required, but it is often the strongest evidence, because you can show physical differences from your genuine product. Amazon's Report Infringement form has a field for the order ID. Wait until the item is delivered before citing it, and keep the packaging and receipt.
What is chain of custody for a test purchase?
It is a record of who ordered the item, when it arrived, who opened it and where it has been kept since. Dated photos of the sealed parcel, the label and the unboxing, plus notes of each handover, make it harder to dispute that the item examined is the one that was sold.
How long should I keep counterfeit evidence?
Keep it at least until the case is closed, and longer for repeat sellers. There is no single rule: limitation periods for legal claims differ by country and by claim, so ask counsel if you think a case may go to court. Storing evidence in one dated case file makes this easy.
Sources
- Amazon: About Amazon's Report Infringement Form
- eBay: Verified Rights Owner program
- FTC: Informing Businesses about the INFORM Consumers Act
- European Commission: The Digital Services Act
- USPTO: About trademark infringement
Last reviewed 27 Sep 2026. Marketplace procedures change; check the official pages before you file. This guide is general information, not legal advice.