Someone Is Selling Under My Brand Name: A Trademark Enforcement Guide

What Counts as Trademark Infringement?

Trademark infringement is the unauthorized use of a mark that is identical or confusingly similar to a registered trademark, on goods or services that are the same or closely related. It is not limited to exact copies. A mark that is phonetically similar, visually close, or conceptually parallel can constitute infringement if it creates a likelihood that consumers will be confused about the commercial origin of the goods.

In Egypt, Saudi Arabia, and the UAE, trademark infringement covers a range of acts:

• Counterfeiting: Manufacturing or selling products that bear your exact trademark without authorization
• Passing off: A business presenting its goods or services as if they come from your brand — even without using your exact mark — to benefit from your reputation
• Parallel importation abuse: Importing genuine goods through unauthorized channels in a way that undermines your exclusive distribution rights
• Online infringement: Selling counterfeit goods on e-commerce platforms (Amazon, Noon, Souq), creating fake social media accounts, or running ads using your trademark
• Domain squatting: Registering a domain using your brand name to divert your customers or damage your reputation
• Unauthorized licensing: A former licensee or distributor continuing to use your mark after the agreement has ended

Step 1 — Document the Infringement

Evidence is the foundation of every enforcement action. The standard of proof in both civil and criminal proceedings is high, and courts need to see a clear factual record before they will act.

Before contacting the infringer or filing any complaint, gather the following:

• Purchase samples — buy the infringing product from multiple locations so you have physical evidence and purchase receipts with dates and seller details
• Photograph everything — the product itself, the packaging, the label, the place of sale, any signage
• Screenshot online listings — capture the full page with URL, price, seller name, and date visible; use a screen recording tool or browser extension that timestamps captures
• Map the scale of infringement — identify how many sellers are involved, what platforms are affected, what territories the infringing goods appear in
• Record dates — note when you first observed the infringement and when each piece of evidence was gathered
• Verify your own registration — confirm that your trademark certificate is current and covers the relevant goods/services classes before proceeding

The Enforcement Escalation Path

Trademark enforcement typically moves through escalating steps. You do not always need to go all the way to criminal prosecution — many infringers comply after a cease and desist. But having the full path available gives you leverage at every stage.

Civil vs. Criminal Remedies

Enforcement Contacts by Country

Handling Online Infringement

Online trademark infringement has become the fastest-growing enforcement challenge in the region, driven by the explosion of e-commerce marketplaces and social media commerce. A coordinated online enforcement strategy typically involves:

• Amazon Brand Registry — enroll your brand to access proactive infringement removal tools and faster response on takedown requests
• Noon and regional marketplace programs — each platform has a brand protection team; file through their official IP portal with your trademark registration certificate
• Meta Brand Rights Protection — covers Instagram and Facebook; allows removal of infringing accounts, posts, and ads
• Google Ads complaints — if competitors are running ads using your trademark, file a trademark complaint directly with Google Ads support
• WIPO domain dispute (UDRP) — if someone has registered a domain using your brand name, WIPO's Uniform Domain-Name Dispute-Resolution Policy provides a faster and cheaper alternative to court for recovering the domain