What constitutes as a fake or a counterfeit item?

As part of its core mission, its policies, and the services it provides to its users, Wish has a strict policy against the listing or sale of products that violate the intellectual property rights of others. This includes a strict prohibition against the sale of counterfeit, fake, and knock off goods.

It is unlawful to sell counterfeit, fake, or knock-off copies of any products on Wish. Merchants are responsible for ensuring their products and listings do not infringe on any third party's legal rights.

Products may be considered counterfeit, fake, or knock-off if, without authorization from intellectual property owners or other legal permissions or rights, they:

• directly copy another entity’s intellectual property;
• offer products sold under a name that is identical or substantially indistinguishable from the owner's intellectual property; and/or
• obscure or conceal a brand’s name or logo.

Here are some examples of products that might be considered to be counterfeit, fake, and knock-off unless authorized by the intellectual property owners or otherwise allowed to be sold under the law (for more examples, visit IP violation examples here):

1. Items that directly copy a brand or logo:

In this example, the item mimics Adidas’ design and depicts the Adidas logo but the item was not made or authorized by Adidas. This is a counterfeit.

2. Items that use brands or logos that are substantially indistinguishable from actual brands or logos:

Products using logos that look substantially indistinguishable from existing brands (even if consumers might know they are not authentic) can violate a third party’s rights and are not allowed by Wish. These can be either counterfeit or knock-offs.

3. Items that have been visually altered to conceal a brand or logo:

When a merchant blurs or obscures parts of a photo, or digitally alters an image to conceal a brand, this can suggest that the product is counterfeit or a knock off.  In the above example, the shoe likely is a counterfeit Nike and the purse likely is a counterfeit Gucci.  

4. Items that have a misspelling of the brand name on the product are considered knock offs.

Examples of misspelled products: 

5. Items that mimic certain designs or patterns can constitute counterfeits, fakes, or knock offs:

Some brands own the rights to certain designs. For example, Gucci has certain registered rights in the green-red-green stripe, and Burberry has certain registered rights in a specific checkered pattern.  If you see a design in your product listing that you think might be owned by another brand, please research that design to identify the owner of it. Items that imitate brand designs with an intent to deceive may be considered counterfeits or knock offs.

6. Items that display brand names in product photos (e.g., on hangers, in non-affixed product tags, etc.), even though they may or may not be related to a specific product, might still violate a third-party’s rights:

Even if the actual items you are selling do not violate third-party rights, the product listings can still create trademark or other violations if the items are displayed with designer boxes, designer hangers, or similar third-party trademarks. 

Click here to learn about the consequences of violating the intellectual property rights of others. 

The information provided on this Website is for informational purposes only and does not, and is not intended to, constitute legal advice on any subject matter. Should you require assistance related to the subject matter or information on this Website, you should contact an attorney for legal advice.