Counterfeit Products on a Thai Marketplace: Evidence to Preserve Before a Takedown

Finding counterfeit products on a Thai marketplace calls for a prompt response. But a listing can disappear, change its photographs, or move to another seller account after a complaint is made. If the brand owner may need to investigate the seller or take further action, the first step is to preserve a reliable record of what was offered for sale.

What Evidence Should You Save First?

Before submitting a takedown request, preserve the following where available:

1. The full product URL, listing or product ID, and the marketplace name.
2. Screenshots of the complete listing, including its title, product images, description, price, options, and claims of authenticity.
3. The seller’s shop name, profile URL, visible account details, and other relevant listings.
4. The date and time of capture, including the time zone.
5. The trademark or other right relied upon, together with evidence showing why the particular listing may infringe it.
6. If a test purchase is made, the order, payment, shipping, packaging, and product records.
7. Copies of the complaint, the platform’s response, and any later relisting.

These items serve different purposes. A screenshot shows how the product was presented; a purchase can show what was actually delivered; and a product comparison explains why the brand considers the item suspect. No single item necessarily proves every part of the case.

1. Confirm the Right You Intend to Enforce

Start with the relevant trademark registration or other intellectual property right. Check the owner’s name, the mark, its current status, and the goods covered. If an employee, distributor, or external adviser will submit the complaint, establish that person’s authority to act.

Foreign brand owners should also check the basis of their protection in Thailand. A registration held elsewhere should not simply be assumed to establish the same rights in the Thai market. Our Trademark Registration in Thailand page explains the wider registration and protection framework.

This review also helps select the correct complaint. A listing that misuses a brand name, one that copies product photographs, and one that offers a counterfeit product may raise different issues and require different supporting material.

2. Capture the Listing as a Customer Sees It

Save the direct URL to the individual product, not only a search-results page. Record the listing ID if the platform displays one. Capture the page in a way that shows the seller, product title, photographs, description, price, available variations, and any statements such as “genuine,” “official,” or “authorized.”

Open the relevant product options and images before saving them. A seller may show the trademark only on a particular variation, in a video, or further down the description. If the listing directs customers to another shop, social media account, or messaging channel, preserve the visible connection without assuming that the accounts belong to the same person.

Keep the original screenshots and recordings. Record who captured them, when they were captured, and which URL was open. Cropped or annotated copies may be useful for explaining a complaint, but retain the unedited versions as well.

3. Preserve the Seller’s Visible Trail

Save the shop profile URL and the seller name displayed at the time of capture. Note other listings that appear relevant, particularly products using the same brand imagery, packaging, contact details, or sales language.

A shop name is not necessarily the seller’s legal identity. Nor does a similar photograph establish that two shops have the same operator. Record the facts that support any suspected connection and distinguish them from conclusions that still need investigation.

Where listings appear repeatedly, Online Counterfeit Monitoring Thailand can help document changes in seller accounts and product listings over time.

4. Consider a Test Purchase When the Product Itself Matters

A test purchase is particularly useful when listing photographs alone cannot establish whether the goods are genuine. If a purchase is appropriate, make sure the resulting records can connect the listing, order, shipment, and item received.

Preserve the order confirmation and order ID, payment record, seller messages, shipping information, delivery label, receipt, packaging, and the product itself. Photograph the package before opening it and document the opening and inspection. If a video is used, retain the original file.

Keep a short record identifying who placed the order, who received the parcel, when it was opened, and where the item is stored. A person familiar with the genuine product should then document the specific differences. Our Mystery Shopping Investigation Thailand service page explains how purchase verification can support a broader investigation.

A test purchase is not necessary in every case. Where a product presents a potential safety risk or rapid sales are causing immediate harm, the response should be assessed promptly without treating a purchase as an automatic prerequisite to reporting.

5. Explain Why the Product Is Suspected to Be Counterfeit

A strong complaint identifies observable differences. Compare the suspect product with a genuine item of the same model or version where possible. Relevant details may include the mark, packaging, materials, printing, product configuration, serial or batch information, and features that the brand has never produced.

State who performed the comparison and the basis for their knowledge. If the conclusion remains preliminary because no sample has been obtained, say so.

A low price, an unfamiliar seller, or the absence of distribution authorization may justify further inquiry. None of those facts alone establishes that a genuine product is counterfeit. A seller offering genuine goods outside an authorized channel may present a different legal and commercial question. See our page on Parallel Import Investigation Thailand where the authenticity and source of goods remain uncertain.

6. Keep Digital and Physical Evidence Organized

Store the original files in a restricted case folder and maintain a simple evidence log: file name, source URL, capture date and time, person who collected it, and any later transfer or change. Keep the purchased product and its packaging identifiable and record who has held them.

This discipline matters if the case moves beyond a platform complaint. Under Thailand’s Electronic Transactions Act, electronic information is not rejected as evidence solely because it is electronic; the reliability of its creation, storage, integrity, and attribution remains relevant to its evidential weight. Good record keeping helps the legal team explain where the material came from and whether it has changed.

7. Submit a Precise Complaint, Then Track the Outcome

Once the key evidence is secure, check the relevant marketplace’s intellectual property reporting channel and requirements at the time of filing. Identify the specific product URLs, the right relied upon, the alleged infringement, and the evidence supporting the complaint. If someone files on behalf of the rights holder, prepare the authorization documents required by the platform. The documents and process may differ according to the type of right and the marketplace.

Retain the complaint reference, submission date, attachments, requests for further information, decision, and date the listing was removed or changed. Continue watching for relistings. Removing one page may address an immediate listing while leaving questions about the seller, stock, or source unresolved. Where a wider response is needed, review our Anti-Counterfeiting and IP Enforcement in Thailand services.

Need Help Preserving Evidence Before a Marketplace Takedown?

Skyinterlegal assists brand owners and overseas counsel with trademark and infringement review, Thai-language marketplace checks, evidence preservation, test purchase planning, takedown preparation, and assessment of further action.

Frequently Asked Questions

Is a screenshot enough to report counterfeit products on a Thai marketplace?

It may be enough to alert a platform to a suspicious listing, depending on the circumstances and its current requirements. A stronger file also contains the direct URL, seller details, proof of rights, and an explanation of the suspected infringement. A later legal case may require additional evidence.

Do I have to buy a suspected counterfeit product before requesting a takedown?

No, a purchase can help when authenticity cannot be assessed from the listing, but it is not an automatic requirement for every complaint. The urgency of removal, available evidence, product type, and intended next steps should guide the decision.

Can a foreign company submit a complaint about a Thai marketplace listing?

A foreign company may be able to submit a complaint, but it should first establish the relevant rights and identify who is authorized to act. The right and documents needed depend on the platform, the alleged infringement, and the protection available in Thailand.

Is an unauthorized seller necessarily selling counterfeit goods?

No, the product may be genuine even if the seller is outside an authorized distribution network. Authenticity, trademark use, contractual rights, and product sourcing should be considered separately.

Can the marketplace identify the individual behind the shop?

The visible shop profile may provide useful leads, but it does not necessarily establish the operator’s legal identity. Access to additional account information depends on the platform, the facts, and any applicable legal process.

What if the listing disappears before I capture it?

Preserve what remains: the URL, search results, order records, messages, notifications, saved images, and any record showing when the listing was visible. Mark clearly which material you captured yourself and which came from another source.

What should I do if the same product appears again after removal?

Save the new URL and capture date, then compare the listing, shop details, photographs, descriptions, and other visible links with the earlier record. Repeat activity may call for coordinated monitoring or a wider enforcement assessment.