Parallel import vs counterfeit: legal differences and methods of combating

One common business mistake is confusing parallel imports with counterfeit goods. As a result, companies either file complaints where the chances of success are minimal or, conversely, fail to respond to actual violations.

In both cases of counterfeiting and parallel imports, products may be sold by unknown sellers without the right holder's consent, at prices below the recommended retail price, or outside the official distribution network. For the brand, the consequences also appear similar: reduced control over sales, the risk of reputational issues, and an increase in customer complaints. However, the key difference lies in the origin of the product.

What is counterfeit

Counterfeit refers to goods that illegally use someone else's intellectual property. In other words, it is a product that imitates the original and misleads the consumer regarding the origin of the goods.

Most often, signs of counterfeit include:

• illegal use of a trademark;

• copying of packaging or design;

• imitation of original products;

• lack of connection with the right holder;

• non-compliance with the quality of the original product.

A classic example is a fake product with a well-known brand logo produced without the permission of the right holder. In this case, the use of the trademark is considered illegal, and the right holder has grounds to demand protection of their rights—removal of the product listing, blocking the seller, etc.

What is parallel import

Parallel import is the importation and sale of original goods without the involvement of an official distributor or the consent of the right holder. This means the products are indeed manufactured by the brand itself or with its permission, but they enter the country and are sold through alternative channels.

For example, a seller purchases original products abroad and sells them through marketplaces without being an official partner of the brand.

Following regulatory changes in Russia, parallel import was legalized for a number of product categories. Thus, goods (or product groups) included in the list approved by the Ministry of Industry and Trade of Russia can be imported and sold in the Russian Federation without the consent of the right holder. This means that not every use of a brand by an unauthorized seller automatically constitutes an infringement.

Consequently, in practice, it is useful for the right holder to ask one primary question: is the product original or fake? If the product is original, the dispute usually relates to parallel import. If the product imitates the original, the brand itself is used illegally, and the buyer is misled, it is most likely a case of counterfeiting.

This is precisely where many companies make a mistake. For example, a right holder sees an unauthorized seller on a platform and automatically considers them an infringer. However, the lack of official seller status does not in itself mean that the seller is violating intellectual property rights.

On the other hand, a seller may use more complex schemes: mixing original products with fakes, using original brand photos to sell non-original goods, or misleading the buyer regarding the origin of the products.

Why this is especially important on marketplaces

On marketplaces like Wildberries and Ozon, the situation is complicated by the fact that the product listing rarely provides the full picture.

At first glance, a product may look authentic—a familiar brand is used, product photos are high quality, the description appears reliable, and the price differs only slightly. But in reality, counterfeit goods may be being sold.

The opposite situation also occurs regularly: a brand owner tries to remove a seller from the platform whom they consider an infringer, even though the seller is selling legally imported original products.

Because of this, marketplaces are usually cautious when reviewing complaints from brand owners, especially if the issue concerns the authenticity of the product.

How to combat counterfeiting

When it comes to the illegal use of a trademark, it is essential for the right holder to act systematically.

The first stage is documenting the violation. It is not enough to simply identify a disputed product listing; you must save links to the seller's details, product descriptions and photos, as well as other evidence of brand usage.

The next step is filing a complaint with the marketplace. The better the evidence base is prepared, the higher the likelihood that the listing will be removed.

However, it is important to understand that a single removal rarely solves the problem completely. On marketplaces, sellers often return under new accounts, change listings, or use modified brand marks.

This is why the fight against counterfeiting is gradually shifting from one-off actions to continuous monitoring.

And how to combat parallel imports?

If the product is authentic and its sale complies with current regulations, a traditional trademark infringement complaint may not be effective. Instead, companies more often operate through distribution channel control, contractual restrictions, pricing policies, product origin verification, as well as reputation protection and service quality. In other words, the focus shifts from legal prohibition to the commercial management of sales channels.

This is particularly relevant for companies that regularly encounter suspicious sellers on marketplaces. The specialized comprehensive solution ZIPDetect helps not only to identify potential violations but also to systematize work with cases, complaints, and legal support, which is especially important when there is a need to quickly distinguish counterfeit goods from the legal circulation of authentic products.

Effective brand protection begins with the correct legal classification of relationships. Otherwise, the right holder risks wasting time fighting the wrong type of violation or missing the problem altogether.