Fake goods under my brand are sold on Shopee or Lazada. What civil action can I take?

Your customers complain that the product they bought online "doesn't feel the same". You search the marketplace and find dozens of listings using your brand at half the price. Here is how a civil response is usually built.

Step 1: preserve evidence

• Screenshots of each listing showing the seller name, shop link, price, photos, date and URL.
• Test purchases with receipts, order numbers, delivery packaging and the goods themselves, kept sealed where possible.
• A comparison of the fake against your genuine product, noting differences in labels, codes and packaging.
• Customer complaints received.

Step 2: report through the platform

Major marketplaces have intellectual property complaint processes for rights owners. Reports often lead to listings being removed, but repeat sellers reappear under new names, and a takedown does not compensate you. Keep copies of every report and reply.

Step 3: identify who is behind the shops

Seller names are often not real names. Delivery details, payment records and platform information may help. Where the information is held by a third party, a court may in some cases order disclosure, as explained in our guide on Norwich Pharmacal orders.

Step 4: the infringement action

A registered proprietor can bring court proceedings against anyone who has infringed or is infringing the trademark, and against anyone whose acts make infringement likely (section 56(1) and (2)). The court may grant an injunction, damages or an account of profits (section 56(3)).

Where counterfeit marks are involved, the Act adds stronger tools:

• on an application for an interim injunction, the court may order the seizure of suspected infringing goods and the supply of relevant documents (section 56(4));
• the owner may elect damages plus profits not already counted, an account of profits, or additional damages the court considers appropriate (section 56(7)).

The court can also order delivery up of infringing goods and their disposal (sections 59 and 60), and erasure of the offending sign (section 58).

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Step 5: criminal and border options

Counterfeiting is also an offence, investigated by KPDN, and imports can be targeted at the border. These routes can run in parallel; see complaints for criminal enforcement and border measures.

Example

A skincare company in Kuala Lumpur finds counterfeit serums sold by four shops. It makes test purchases, sends samples for comparison, reports the listings, and files an infringement action against the two largest sellers, applying for an interim injunction and a seizure order for their stock.

Common mistakes

• Relying only on platform takedowns.
• Opening the test purchase parcels without recording it.
• Waiting until stock has been sold out.
• Naming sellers publicly as criminals before the facts are clear.

When to speak to a lawyer

When counterfeits keep returning, involve large volumes, or cause safety concerns. See IP and trademark disputes or contact us.

Frequently asked questions

Can I sue the marketplace itself?

That depends on its role and conduct. Most cases focus on the sellers, suppliers and importers, using the platform's processes and court orders for information.

Do I need a registered trademark?

For an infringement action under the Trademarks Act, yes. Without registration, passing off may be possible.

Can I recover my legal costs?

The court has a discretion over costs. A successful party is often awarded some costs, but rarely all of them.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Trademarks Act 2019 (Act 815), AGC Laws of Malaysia
2. Ministry of Domestic Trade and Cost of Living (KPDN), official portal (trademark and copyright enforcement)
3. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93

Fact-checked on 17 Oct 2026