Existing anti-counterfeiting measures are insufficient

To combat the counterfeit problem, Amazon launched programs, such as Project Zero and its brand registry. Project Zero is an anti-counterfeiting system providing three tools: automated protections, self-service counterfeit removal, and product serialization.17 6 Its brand registry is an enrollment program used to help rightsholders protect their brand.177 The downfall of these programs is that none of their efforts seem to be stopping the sale of counterfeits, leaving the burden to find the dupes on the rightsholder. 178 Amazon even engaged in joint lawsuits with brands against its users who are selling fake items. 179 As a response to increasing pressure to resolve its counterfeit problem, the platform established a Counterfeit Crimes Unit to pursue civil litigation and criminal prosecution against counterfeiters, collaborate with brands in investigations, and help law enforcement. 180 Although Amazon's anti-counterfeiting effort is a significant improvement, the effort does not completely solve the problem; it fails to require sellers to use accurate and authorized images, transparent processes to prevent repeat offenders, and comprehensive takedown policies. 181

In addition to Amazon's efforts, anti-counterfeiting programs on online marketplaces have been inadequate for small businesses. Most marketplaces have not taken the same measures as Amazon, as the majority only provide policies against counterfeits on their websites.182 Although eBay has its VeRO program, which allows rightsholders to report eBay listings for infringement,183 the platform nevertheless maintains a self-policing model.184 On other marketplaces such as Walmart, brand owners must separately request information from the seller after submitting their infringement report. 185 Further, small businesses do not have access to some of the anti-counterfeiting measures offered by online marketplaces. For instance, eBay launched its Authenticity Guarantee program in 2020, which only provided post-sale authentication for watches valued over $2,000 and sneakers valued over $100.186 Small businesses, such as MinMac, Brush Hero, and Fuse Chicken, 187 would be unable to apply not only because they do not sell sneakers or watches, but also because their products do not meet the price threshold.188 Therefore, although these programs provide some aid, many businesses remain out of luck.