Should drop shippers be considered an infringement threat?
Drop shipping continues to appear in monitoring data as a growing driver of unauthorised listings across major marketplaces. Some brands dismiss drop shippers as a minor issue because their retail price is often higher than the brand’s own listing.
At first glance, this suggests they are not competing directly with official listings. However, this assumption overlooks several important risks. Drop shippers should still be considered an infringement threat because they operate as unauthorised sellers, meaning the origin of their stock is unknown.
In some cases, the seller is simply drop shipping genuine products purchased from your own marketplace listings. For example, a seller on eBay may take an order and then purchase the product from your official store on Amazon, shipping it directly to their customer. In these situations the drop shipper frequently uses the brand’s own photography and listing content to create their sales page.
More concerning is that the stock may not be genuine at all. Many drop shippers source items from gateway marketplaces such as DHgate or similar wholesale platforms, where replicas are widely available. These listings are then published using the brand’s official imagery and descriptions, creating the appearance of a legitimate product.
A more commercially damaging pattern involves what is known as a returnless refund. The drop shipper makes a sale, purchases the item from the brand's official Amazon listing and has it shipped directly to their customer. Once the product is delivered, the seller submits a return request to Amazon and receives a refund without ever returning the item. The result is that the brand is forced to issue a refund through Amazon while receiving nothing back in exchange. This effectively transfers the financial risk of the drop shipper's transaction onto the brand itself.
This effectively transfers the financial risk of the drop shipper’s transaction onto the brand itself.
One practical response is to remove these listings through copyright infringement claims where the seller is using your product photography or marketing materials without permission. Removing the listing eliminates the mechanism that enables the drop shipper’s transaction and reduces the risk of your business covering the cost of their sale.
Patent Enforcement Developments on TikTok
One notable development this month is progress from TikTok in expanding its intellectual property enforcement tools. The platform’s Intellectual Property Protection Center (IPPC) now accepts design patents as a valid basis for reporting infringing listings. This marks a significant step forward for brands that rely on design protection to differentiate their products.
At present, utility patents are still not supported directly through the IPPC reporting system. However, TikTok has indicated that patent infringement reports can be submitted for review via their support channel. While this process is less structured than the standard IPPC workflow, it does provide brands with a pathway to raise patent concerns that previously had no clear reporting route.
Despite this progress, enforcement on the platform can still be inconsistent. Reports based on design patents may not always be processed as reliably as trademark or copyright claims. Even so, the willingness to accept design patents represents movement in the right direction and signals that marketplace policies around patents are beginning to evolve.
For many brands, patents remain one of the most powerful tools for tackling counterfeit and copycat products. Yet several major marketplaces still do not formally support patent-based enforcement through their reporting systems. Platforms including Etsy, eBay, and Shein continue to rely primarily on trademark and copyright claims.
If TikTok’s approach proves successful, it may encourage other marketplaces to reconsider their policies and introduce clearer pathways for patent enforcement in the future. For brands protecting innovative products, that would represent a meaningful shift in the fight against copycat listings.
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Ecommerce Marketplaces Round-up
Each month we’ll give a round up of any changes in the Ecommerce Marketplaces reporting systems and their current response times.
Average Response Time by Marketplace
Bol stands out as the slowest marketplace this month by a significant margin, with an average response time of approximately 38 days, far exceeding all other platforms. OnBuy and Printables also lag behind at around 10 days each, while TikTok Shop USA, Wish, and Website sit in the 5–6 day range. The majority of marketplaces including all Amazon domains, eBay variants, Alibaba, AliExpress, Etsy, Shein, Temu, and Walmart are performing well with average response times under 5 days, with several closer to 1–2 days.
Average Response Time by IP Type
Registered Design claims are taking the longest to resolve across all marketplaces, averaging around 6 days, notably higher than other IP types. Copyright claims average approximately 2 days, while both Patent and Trademark claims are resolving fastest at around 1 day each. This gap suggests that Registered Design enforcement is an area where brands may need to allow more lead time when submitting reports.
Trademark Average Response Time by Marketplace
OnBuy is the slowest marketplace for trademark enforcement this month at approximately 21 days, followed by Shein at 15 days and NoonUAE at around 8 days. Website (direct enforcement) averages roughly 9 days, and Wish sits at around 6 days. Most major platforms including Amazon domains, eBay, Alibaba, AliExpress, Etsy, Fruugo, TikTok Shop variants, and Walmart are responding to trademark claims within 1–4 days, indicating generally healthy enforcement across mainstream channels.
Copyright Average Response Time by Marketplace
Amazon.fr is the slowest Amazon domain for copyright claims this month at 7 days, with Amazon.co.uk at 5 days and Amazon.it at 3 days. TikTok Shop USA stands out at approximately 7 days, and NoonUAE and OnBuy both average around 5 days. Most other platforms including eBay variants, Etsy, Alibaba, Shein, Walmart, and Wish are resolving copyright reports within 1–3 days. The spread across Amazon's regional domains is worth noting, as response times vary considerably depending on market.
If you have any questions about how your IP can be enforced across different marketplaces, you can get in touch with our team here.
