A counterfeit seller is a seller that uses your brand name, logo or images to sell imitation products, or that acts as if it were the brand itself. No single sign gives it away; detection rests on several signals coming together in the same seller: the seller's identity details, the language and images of the listing, how the product fits the brand's range, customer reviews and the seller's traces on other channels. Each signal is documented with a source link, timestamp and screenshot. Then you decide whether the finding should be handled through a platform notice or through a lawyer by legal means.
We explain what digital brand protection is and the risks it covers in our article what is digital brand protection? This article focuses on the most common finding in that process.
How do you tell a counterfeit seller from an unauthorized seller?
This is the first question because the answer decides the route. An unauthorized seller usually sells genuine products through a channel it has no permission to use. Under Article 152 of the Industrial Property Law, acts concerning products placed on the market by the right holder or with its consent fall outside the scope of the trademark right; the position is different if the product has been altered or impaired. A counterfeit seller, by contrast, sells imitation products bearing the mark or a sign so similar that it cannot be told apart. Article 29 of the law treats this as trademark infringement.
Amazon's intellectual property policy for Türkiye draws a similar line: a look-alike product sold on a separate page without using the registered trademark is not a counterfeit, though it may infringe design rights. We cover the signals of unauthorized sellers in our article on unauthorized sellers.
What do the seller's identity details show?
On marketplaces in Türkiye, seller identity is governed by regulation. Under Article 5 of the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers, a merchant selling on a marketplace must show its trade name, business name or registered trademark, its KEP (registered electronic mail) address and its MERSİS (central registration system) number in the area assigned to it; for tradespeople and craftspeople, the tax ID takes the place of the MERSİS number. A seller that is not a merchant shows its name, surname and the province of its head office. Under Article 6, the marketplace is obliged to verify this information.
This area is a good starting point for spotting counterfeit sellers:
- Does the store name imitate the brand? A store carrying the brand name with additions such as "resmi", "official" or "store", but owned by a company or individual unrelated to the brand.
- Does the same trade name appear on different stores? If the same trade name, KEP address or MERSİS number shows up on more than one store or more than one marketplace, the sellers can be linked to a single actor.
- Does the seller type match the sales volume? A seller that does not appear to be a merchant but constantly keeps many new products in stock deserves attention.
- Are details missing? A store that does not show the information the regulation requires is both out of line with the regulation and showing an additional signal.
What signals do the listing and the product carry?
| Signal | What it looks like | Why it matters |
|---|---|---|
| Product outside the range | A model, colour, size or product group the brand has never made | One of the strongest signs that the product cannot be genuine |
| Official images, different product | The brand's own photos on the listing, a different product delivered | Image theft and imitation appear together |
| Language implying imitation | "Muadil" (equivalent), "A kalite" (A quality), "replika", "orijinal kalitesinde" (original quality), "esintili" (inspired by) | The seller indirectly admits the product is not genuine |
| Packaging and label differences | Missing barcode, different typeface, no importer or manufacturer details | Can be verified with a test purchase |
| Price and stock | A price well below list price and stock that looks unlimited | Not enough on its own; meaningful together with other signals |
Amazon's policy is a good example of language implying imitation: Amazon prohibits describing a perfume that is not the original fragrance as "similar to" or "inspired by" a branded perfume.
Customer reviews and product questions carry signals too: if phrases such as "arrived fake", "the box is different" or "the barcode does not scan" repeat for the same seller, its priority rises. We explain how to read these signals in our article on counterfeit complaints.
What signals should you watch on social media?
Social media has no mandatory area showing seller identity, so the signals come from behaviour: orders taken through direct messages, payment requested by bank transfer, a bio link that does not lead to the official domain, a recently opened profile full of brand content. An account that links to a marketplace store or a website is the way to connect a seller on social media to an identity on a marketplace. We cover impersonating accounts in detail in our article on fake Instagram stores.
How do you document the signals?
Listings and accounts can be deleted or changed, so the record is taken before any notice:
- The link to the listing or post, the date and time, and a full-page screenshot.
- The seller's store name and link, and the trade name, KEP address and MERSİS number or tax ID shown on the marketplace.
- Price, stock, product images, reviews and questions.
- Where possible, photos of the product, packaging and invoice received through a test purchase.
- The same seller's other listings and its accounts on other channels.
Important cases that may go to court need stronger methods such as a notarial e-detection report; we compare the options in our article can a screenshot be evidence?
Seller details are personal data, especially for individual sellers. Article 5 of Personal Data Protection Law No. 6698 (KVKK) allows processing without explicit consent where it is necessary for the establishment, exercise or protection of a right. Article 4 requires data to be processed for specified and legitimate purposes, in a way that is relevant, limited and proportionate to those purposes, and kept only as long as necessary. Keeping only the information brand protection needs in the record is consistent with these principles.
When should you go to the platform, and when to a lawyer?
| Situation | Suitable route |
|---|---|
| Registered trademark, clear imitation, evidence ready | A platform notice by the right holder |
| No trademark registration, or still at the application stage | An assessment with a trademark attorney first |
| The seller objected with an invoice and the product came back | A review of the objection documents with a lawyer |
| The same actor keeps reappearing on several platforms | A cease-and-desist letter or lawsuit prepared through a lawyer |
| A product carrying a health or safety risk | A platform notice together with a prompt legal assessment |
| Sales run on social media through direct messages | A notice to the social media platform and, if needed, a legal assessment with a lawyer |
On marketplaces, a notice rests on Article 9 of Law No. 6563 and Articles 12 to 14 of the regulation: for a complete complaint, the product is removed within 48 hours at most; if the seller objects with documents, it can come back within 24 hours; and a repeat complaint on the same claim is not processed without new documents. We describe the platform steps in our guides for Trendyol, Hepsiburada, Amazon.com.tr and n11, and compare the marketplaces in our article on Hepsiburada, n11, Amazon.com.tr and Dolap.
Beyond the platform, Article 149 of the Industrial Property Law gives the right holder the right to ask the court to stop the infringement, award damages and seize the products, among other claims. Article 30 makes trademark infringement a criminal offence; investigation depends on a complaint, and a penalty can only be imposed if the trademark is registered in Türkiye. Choosing between these routes is a decision for the lawyer and the right holder.
Frequently asked questions
Is a low price on its own a sign of a counterfeit seller?
No. A low price can also come from a campaign, clearing stock or the unauthorized sale of genuine goods. Price becomes meaningful together with other signals.
Is a test purchase necessary?
It is not required in every case, but it is the most direct evidence that a product is counterfeit. Amazon also recommends a test purchase before removing a listing with the Project Zero tool.
Where can I find out who a counterfeit seller is?
On marketplaces in Türkiye, the seller's trade name, KEP address and MERSİS number or tax ID are shown in the area assigned to the seller. Social media has no such area; links and payment details provide clues.
What does Authex do in this process?
Authex scans marketplaces, e-commerce sites and social media, and compares the listings and accounts that use your brand with your authorized seller list. Findings are recorded with the listing address, screenshot, capture time, price and stock; on supported Turkish marketplaces, the seller's trade name, tax number, KEP address and registered address also go into the record. A draft notice and evidence package is prepared for every confirmed finding. The scope is on the marketplace monitoring and social media monitoring pages.
Authex does not take legal action, does not remove listings or accounts and does not send notices on your behalf. Notices are filed by the right holder or the lawyer or trademark attorney it authorizes.
Sources
- Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers, Official Gazette, 29 December 2022, No. 32058 (Articles 5, 6, 12-14), in Turkish
- Law No. 6563 on the Regulation of Electronic Commerce (Article 9), in Turkish
- Industrial Property Law No. 6769 (Articles 29, 30, 149, 152), in Turkish
- Personal Data Protection Law No. 6698 (Articles 4 and 5), in Turkish
- Amazon Seller Central Türkiye, Amazon Intellectual Property Policy
- Amazon Satış, Project Zero, in Turkish
