Managing Partner Amy Hsiao was asked by the World Trademark Review to comment on the troubling new TikTok trend raising alarms among intellectual property attorneys and brand owners alike:
Sellers on the platform are claiming to have direct connections with Chinese factories that manufacture well-known brand-name goods, promising consumers access to these products at lower prices—especially in the wake of tariffs introduced under the Trump administration.
Luxury brands such as Chanel, Hermès, Birkenstock, Dior, Lululemon, and Under Armour have been caught up in this misleading narrative, forcing them to strengthen their IP strategy, address consumer confusion and set the record straight. Many are making it clear that the videos circulating on social media do not depict their manufacturers, that the showcased products are knockoffs, and that their legitimate goods are produced in rigorously audited factories.
For brand owners, the issue goes beyond consumer deception—it presents a significant competitive and legal challenge. If legitimate manufacturers are indeed appearing in these TikTok videos, counterfeiters may exploit the opportunity to source high-quality fabrics, garments, and other materials, enabling them to create knockoffs that closely resemble the real thing. This tactic erodes brand value and threatens the integrity of established luxury labels, making it critical for companies to proactively protect their intellectual property.
“In the age of expose-style content, brands need to think beyond traditional IP rights (eg, patents and trademarks). Consider trade dress, design patents, copyright, and even distinct color combinations. These can provide faster and more flexible avenues for takedowns or complaints, whereas relying on some traditional IP right could take years,” explains Amy.
The proliferation of counterfeit goods also exposes a concerning gap in consumer awareness—many buyers remain uninformed about supply chains, falling for misleading claims and unknowingly purchasing fake products.
To combat this growing threat, brands must implement a multilayered IP enforcement strategy that extends beyond traditional intellectual property protections. This includes issuing takedown notices, filing false advertising and defamation complaints, investigating counterfeit networks, and reinforcing brand messaging. Ultimately, brand owners must remain vigilant, safeguard their identity, educating consumers while taking decisive legal action to prevent counterfeiters from exploiting the chaos of global trade disputes.
For a deeper dive into this alarming trend, check out the “Brand owners must take new TikTok trend used by counterfeiters seriously, IP lawyers warn” in the World Trademark Review.
