The main building in the headquarter of Alibaba group in Hangzhou. Alibaba, founded by Jack Ma, is the biggest e-business company in China.
Share on Facebook
Share on Twitter
Share on LinkedIn

Alibaba is one of the largest retailers and e-commerce platforms in the world, allowing sellers to reach consumers all over the planet. By the same token, the size of Alibaba entices many disreputable individuals and businesses to infringe upon sellers’ intellectual property rights and rake in ill-gotten gains. If you’re a seller on this website, how can you protect your brand while continuing to earn a profit?

The Keleher Appellate Law Group’s intellectual property litigation team is ready to advise you and help take action to secure your trademark. We serve clients in Chicago and surrounding areas in Illinois, as well as those in Indiana, Wisconsin, and abroad.

Risks to Sellers on Alibaba

Estimates show that Alibaba hosts some 200,000 suppliers and sells millions of products on its popular e-commerce site. Unfortunately, this vast marketplace also has some unethical merchants who attempt to exploit the international scope of the platform to evade detection.

Whether they are actually selling products on Alibaba or not, the intellectual property theft risks to sellers are rather significant. These are a few examples:

  • Counterfeit products: A merchant may manufacture a knock-off and stick the actual company’s trademark on it, duping the buyer into thinking they are purchasing the real thing.
  • Bait-and-switch: Another layer to this is marketing the actual product but then distributing to the purchaser what amounts to a low-quality counterfeit.
  • Reputational harm: Counterfeits and bait-and-switch tactics further damage a company by undermining its customer service and quality reputation in the broader market.

If you are a trademark holder in Illinois or elsewhere in the United States, you may have concerns about selling your products on Alibaba and incurring these and other risks. Fortunately, there are some practical steps you can take to protect your rights while still using the platform to sell your products.

How To Protect Your Trademark on Alibaba

Effective defense of your trademark requires being proactive and diligent. Online scammers are constantly popping up and reinventing themselves, so securing your intellectual property rights is a constant battle. Our firm recommends that you do the following:

  • Sign up for Alibaba’s IP Protection Platform: To remove infringing products, a seller must sign up for the website’s IP Protection Platform and, among other steps, verify that they hold the rights to the products.
  • Monitor listings: It may seem tedious, but constantly searching product listings for counterfeits is essential to identify dishonest merchants and accounts before they sell too many knock-offs. Task an individual or a team of people with this important job.
  • Report infringing products: Alibaba has established a complaint program that allows verified sellers to request that the site removes infringing products. The complaint must be sufficiently detailed and abide by other requirements, but an Illinois intellectual property litigation attorney can assist you.
  • Participate in the Good Faith Program: For property rights holders who have a history of submitting valid complaints on Alibaba, the Good Faith Program may be another option. This tool offers a faster, more streamlined takedown procedure.
  • Use professional assistants: There are a multitude of online brand protection companies which use AI and other technology to identify and remove infringing products. But regardless of which company you choose, there is a final step that many sellers must take to secure their brands.

Legal Support For Your Bottom Line

Our team is experienced with intellectual property litigation and its complex intersection with online retailers like Alibaba. When you need efficient legal solutions, we’re here to take rapid action on your behalf. Call or contact The Keleher Appellate Law Group online today.

The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, Indianapolis, and the surrounding areas in Illinois, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.

About the Author
Christopher Keleher clerked for the Hon. William J. Bauer of the U.S. Court of Appeals for the Seventh Circuit.  This unique opportunity provided Mr. Keleher with an invaluable understanding of the inner workings of an appellate court.  He saw what persuades judges and what does not, and utilizes this knowledge every time he writes an appellate brief. The Keleher Appellate Law Group handles all phases of appellate litigation in federal and state courts across the country. Read more here.