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Selected matters

Removing marketplace listings that copied a client’s trademark

Gathered evidence of infringement, issued cease-and-desist letters and worked with the platforms to take down infringing listings.

Practice area
Intellectual Property
Year
2025
Client
A Vietnamese cosmetics company
Updated
16 Oct 2026
evidence recorded by a bailiff, accepted by platforms and authorities
Bailiff’s record
warning letters, platform takedowns, repeat monitoring
3 channels
resolved without litigation
Out of court

01Background

The client found several listings selling cheaper products under a near-identical mark, leading customers to buy the wrong product and complain about quality.

The listings copied the genuine product’s images, packaging and naming, and some bought ads on the brand name as a keyword. The client’s marketplace sales fell while negative reviews rose.

02Legal issue

Ownership and infringement had to be proven clearly enough for the platforms to act.

The sellers’ marks differed by only a few characters, so the likelihood of confusion between the signs and the goods had to be argued. Listings could be renamed or removed at any moment, so evidence had to be captured quickly and in a legally valid form.

03What Justix did

  1. 1

    Confirming rights and assessing infringement

    Comparing the registration certificate and covered goods with the marks and products in the listings to identify infringement.

  2. 2

    Securing evidence

    Working with a bailiff to record the listings, product images, prices and seller details, and buying samples for comparison.

  3. 3

    Sending warning letters

    Sending cease-and-desist letters to the sellers, citing the legal basis and a deadline to comply.

  4. 4

    Platform takedown requests

    Filing requests with each platform’s IP protection channel, attaching the certificate and the bailiff’s record.

  5. 5

    Monitoring for repeat infringement

    Regularly checking for new listings, with administrative enforcement or litigation ready if infringement recurs.

04Outcome

Infringing listings were removed and the infringer undertook to stop using the mark.

Client details are anonymised. Matters are featured only with the client’s consent.

05Legal basis

  • Law on Intellectual Property 2005 (amended 2009, 2019, 2022), Article 129 – Trademark infringement
  • Law on Intellectual Property, Article 198 – Right holders’ self-protection
  • Decree 52/2013/ND-CP on e-commerce (amended by Decree 85/2021/ND-CP)
  • Decree 08/2020/ND-CP on bailiffs

06Takeaways for businesses

  • Register your trademark before selling online: platforms need the certificate to act on takedown requests.
  • Join each platform’s brand protection programme for faster handling.
  • Preserve evidence as soon as you find infringement: listings can be deleted or renamed at any time.
  • Monitor regularly rather than acting only once.