Compensation up to 10 million rubles: how to recover damages for counterfeit goods

Many rightsholders view the fight against counterfeiting as a process that ends with the removal of a product listing from a marketplace. The violation is gone, so the problem is solved.

But in reality, this is only part of the possible protection.

If a seller illegally uses a trademark, distributes counterfeits, or misleads customers regarding the origin of the goods, the rightsholder can not only have the products removed but also demand monetary compensation. In some cases, the amount can reach 10 million rubles.

Counterfeiting is not just a loss of sales.

When a counterfeit of a well-known brand appears on a marketplace, the business faces more than just a direct loss of revenue. Customers may purchase a non-original product, be dissatisfied with its quality, and associate the negative experience with the brand itself. Price dumping begins, trust declines, negative reviews appear, and the official seller gradually loses control over the product's reputation. For the right holder, this is not just a commercial problem, but an infringement of exclusive rights. This is why the law provides for the possibility of claiming compensation.

How to compensate for losses from a violation

In addition to stopping the infringement, the right holder can compensate for their financial losses in various ways of their choosing.

However, some companies do not take advantage of this opportunity, believing that compensating for losses would require a long and complex calculation of damages - the right holder's actual damages and lost profits. For example, proving how many customers switched to a counterfeit seller or the amount of revenue the brand lost due to a specific product listing.

Indeed, for a court to grant a claim for the recovery of the full amount of damages, the right holder must justify and provide documentary evidence for the specific amount of actual and potential financial harm, including the causal link between the infringer's actions and the right holder's financial losses.

However, in disputes over the unauthorized use of a trademark, instead of claiming damages, one can use the mechanism of statutory compensation, as it can be recovered for the mere fact of the infringement of exclusive rights. This is precisely why such a tool is widely used in counterfeit cases.

What amount of compensation can be recovered?

By law, the right holder may demand from the infringer, instead of damages, the payment of compensation in the amount of ten thousand to ten million rubles.

The wording "up to ten million rubles" sounds impressive, but it is important to understand that this refers to the maximum amount of possible compensation, not a guaranteed payment. The court determines the payment amount individually, based on an assessment of the circumstances of the specific violation; for example, factors such as how long the counterfeit goods were sold, how many items were sold, how well-known the brand is, etc., are significant.

The subsequent behavior of the seller is also taken into account. For example, if a seller deliberately ignores the right holder's notifications and, even after receiving a justified claim, continues to infringe on trademark rights (disputed product listings reappear, etc.), the right holder may claim a higher amount of compensation.

Furthermore, the amount of compensation is determined taking into account the requirements of reasonableness and fairness (proportionality to the violation). Thus, if it involves the systematic sale of counterfeits under a recognizable trademark, more substantial amounts of compensation are usually awarded. If the violation is isolated and minor, compensation will be recovered in the minimum amount, and in some cases, the court may even reduce it below the minimum threshold.

How to recover compensation

In practice, most rights holders prefer not to recover damages but instead demand compensation for the infringement of exclusive rights. This method of protection is usually simpler, as it does not require a complex and precise calculation of the amount of damages, allowing them to focus solely on proving the fact of the infringement itself.

However, to successfully recover compensation, it is necessary to prepare for the judicial protection of intellectual property rights in a timely manner - that is, even before filing a lawsuit.

The first stage of preparation is documenting the infringement. It is important for the rights holder to secure evidence of the violation (links and screenshots of product listings, seller information, product descriptions, and other materials confirming the use of the brand). Next, they must confirm their rights to the brand, for example, by providing a trademark certificate.

In many cases, the next step is the pre-trial claim process. Sometimes a seller ceases the infringement immediately after an official notice, and the matter does not reach court; however, if the issue cannot be settled, the rights holder may file a lawsuit seeking compensation.

Furthermore, removing a product does not always resolve the issue permanently. Infringers often return - creating new accounts, changing product descriptions, or re-listing items. Consequently, the fight against counterfeiting becomes an ongoing process.

This is why many rights holders are gradually transitioning to a systemic protection model, where it is important not only to identify violations but also to preserve evidence, track repeat cases, and develop a legal strategy. Consistency is particularly vital here: the better the history of enforcement, the stronger the rights holder's position and the higher the chances of recovering significant compensation.

For companies that regularly encounter counterfeits on marketplaces, the specialized service ZIPDetect helps build such a process systematically - from monitoring violations to supporting claim-related and legal work.

Thus, counterfeit goods on marketplaces are not just a matter of reputation or lost revenue. In some cases, they provide a full legal basis for monetary recovery, and in certain instances, the amount can reach 10 million rubles. However, the key condition remains unchanged: a strong evidence base and systemic management of violations. The earlier a business begins documenting problematic cases and establishing a protection process, the higher the likelihood of not only removing the counterfeit goods but also achieving real compensation for financial losses.