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Social commerce and third-party marketplaces have created new opportunities for brands, but they have also made intellectual property infringement faster and harder to contain. On TikTok Shop and Walmart Marketplace, businesses may encounter counterfeit products, copied product images, unauthorized trademark use, and listings designed to resemble established brands. Recent platform policies show that both companies are putting greater emphasis on detecting and removing infringing content.
For intellectual property owners, these trends make active monitoring increasingly important. A single infringing product can appear across listings, videos, advertisements, and seller accounts, potentially requiring several forms of enforcement.
What IP Infringement Trends Are Emerging on TikTok Shop?
TikTok combines social media, creator marketing, advertising, and e-commerce in one platform. That combination creates several ways intellectual property can be used without authorization.
TikTok Shop prohibits sellers and creators from infringing third-party IP rights and can remove listings, restrict Shop privileges, or suspend or terminate accounts for violations. Its 2026 guidance also specifically addresses copyright infringement involving product images, videos, descriptions, graphics, and packaging.
Common concerns for rights holders include:
- Counterfeit or imitation products promoted through TikTok Shop
- Brand names or logos used without permission
- Product photos, videos, or descriptions copied from legitimate businesses
- Shop names or profile images that could create confusion about affiliation with a brand
TikTok has also addressed the promotion of knockoffs and lookalike products. Its creator guidance warns against products that copy another brand’s identity, design, or overall appearance.
This matters because infringement on TikTok may extend beyond a traditional product listing. A creator could promote a questionable product through a video or livestream, giving potentially infringing goods significant visibility in a short period.
What IP Problems Are Affecting Walmart Marketplace?
Walmart Marketplace faces many of the same issues, particularly counterfeit goods and third-party listings that allegedly misuse protected material.
Walmart accepts claims involving copyright, trademarks, patents, publicity rights, and counterfeit products. Its policies allow rights holders to submit claims through its Brand Portal or online IP Claim Form.
The company has also described using seller vetting, pre-listing protections, and AI-driven monitoring to identify policy violations and potential IP infringement. Violating listings may be proactively removed, and sellers can face additional enforcement.
One distinction is particularly important for brand owners: Walmart generally does not treat the mere presence of an unauthorized reseller as an IP violation. Its Brand Portal guidance states that resellers can sell through the same unified catalog and that Walmart does not enforce private authorized-seller arrangements.
That means businesses should distinguish between legitimate resale and conduct that actually infringes a trademark, copyright, patent, or other protected right.
How Can Brands Respond to Marketplace IP Infringement?
When you discover possible infringement, speed matters, but so does accuracy. Before submitting a platform complaint, determine which rights are involved and document the conduct at issue.
Useful evidence may include screenshots, listing URLs, seller information, purchase records, and copies of your registrations or other ownership documentation. For registered trademark owners, Walmart’s Brand Portal provides tools for submitting and tracking claims. TikTok likewise maintains reporting and enforcement procedures for copyright and trademark complaints.
Platform takedowns are only one possible response. Depending on the conduct and the harm involved, a rights holder may also consider direct communications with the seller or creator, formal demands, or litigation.
Protecting Your IP as Online Commerce Evolves
TikTok Shop and Walmart Marketplace illustrate how quickly intellectual property disputes can develop in online commerce. Businesses that monitor how their brands and creative materials are being used are better positioned to identify problems early and preserve evidence.
If you are facing an intellectual property dispute, The Keleher Appellate Law Group, LLC can help you assess the issues, protect your rights, and determine an appropriate course of action. Contact us to discuss your case and your options under Illinois and federal law.