Someone using your face, name, or logo to sell fake products can damage your reputation within hours. Buyers may believe you endorsed the goods, blame you when the products fail, or send money to a seller pretending to represent your business. In the Philippines, the fastest response usually combines evidence preservation, platform takedown requests, a formal demand, and—when necessary—complaints with the Intellectual Property Office of the Philippines, the Department of Trade and Industry, the National Privacy Commission, law-enforcement agencies, or the courts.

What rights may be violated?

The correct legal remedy depends on what the seller copied and how the seller used it.

When someone uses your registered logo or brand

A registered logo, business name, product name, or other distinctive sign may be protected as a trademark under the Intellectual Property Code of the Philippines, Republic Act No. 8293.

Section 155 treats it as trademark infringement when a person, without the owner’s consent, uses a reproduction, counterfeit, copy, colorable imitation, or dominant feature of a registered mark in selling, offering, distributing, or advertising goods in a way likely to confuse or deceive buyers. An actual completed sale is not always required; infringing advertising and preparatory acts may already create liability. (Lawphil)

For example, infringement may occur when a seller:

Places your logo on fake shoes, cosmetics, food, clothing, gadgets, or medicine
Uses your logo in a Facebook page, marketplace listing, livestream, or sponsored advertisement
Copies your packaging so buyers think the product came from your company
Uses a confusingly similar logo, even if it is not an exact copy
Claims to be an “official distributor,” “authorized reseller,” or “brand partner” without permission

The central issue is usually likelihood of confusion—whether ordinary buyers may mistakenly believe the goods came from, are connected with, or are approved by the real brand owner. Philippine courts examine the dominant and memorable features of the competing marks, as well as the overall commercial impression. (Lawphil)

When your logo is not registered

An unregistered logo is harder to enforce as a trademark, but it is not automatically unprotected.

Section 168 of the Intellectual Property Code protects the goodwill of a business whose goods, services, packaging, appearance, or identity have become known to the public. A seller may be liable for unfair competition when the seller uses deception or another method contrary to good faith to pass off fake goods or services as those of the genuine business. (Lawphil)

Evidence of goodwill may include:

Years of continuous use
Sales records and invoices
Social-media pages and advertising history
Press coverage
Customer reviews
Distribution agreements
Product packaging used before the counterfeiter appeared
Proof that customers associate the logo or trade appearance with your business

Section 169 may also apply when a seller uses a name, symbol, device, description, or representation that falsely suggests affiliation, sponsorship, approval, or connection with another person or business. This can be especially relevant when a fake seller uses both your photograph and your brand to imply an endorsement. (Lawphil)

When the logo is an original artwork

A sufficiently original graphic logo may also be protected by copyright from the moment it is created. Registration is not what creates copyright, although copyright recordation and source files can help prove ownership.

Copyright may cover original drawings, graphic artwork, pictorial illustrations, photographs, and advertisements. The copyright owner generally has the exclusive right to reproduce, distribute, display, adapt, or communicate the work to the public. (Lawphil)

A frequent ownership problem arises when a business paid a freelance artist to design its logo. Under Section 178.4 of the Intellectual Property Code, the commissioning client owns the physical work, but the copyright normally remains with the creator unless a written agreement transfers it. Paying the designer is therefore not always enough. The business should locate the design contract, deed of assignment, email agreement, or another written document showing that copyright was transferred. (Lawphil)

When someone uses your face or photograph

Philippine law does not rely on only one separate “right of publicity” statute. Unauthorized commercial use of a person’s face may involve several overlapping rights.

The Civil Code provides important remedies:

Article 19 requires every person to act with justice, give everyone their due, and observe honesty and good faith.
Article 20 requires a person who unlawfully and willfully or negligently causes damage to compensate the injured party.
Article 21 covers willful injury caused in a manner contrary to morals, good customs, or public policy.
Article 26 protects dignity, personality, privacy, and peace of mind and allows damages, prevention, and other relief for similar invasions of personal rights.

These provisions may support a civil claim when a person’s face is deliberately used to create a false endorsement, embarrass the person, exploit their reputation, or deceive the public. (Lawphil)

A photograph that identifies a person is also personal information. Under the Data Privacy Act of 2012, Republic Act No. 10173, the person depicted may request blocking, removal, or destruction when personal information was unlawfully obtained or used for an unauthorized purpose. The data subject may also seek indemnity for resulting damage. Unauthorized processing or processing for an unauthorized purpose may carry administrative, civil, and criminal consequences, depending on the facts. (National Privacy Commission)

A photograph being publicly visible does not necessarily give every seller permission to reuse it in a commercial advertisement. A counterfeit seller may still lack a lawful, legitimate, and proportionate basis for representing that the person endorses the product.

When a fake account impersonates you

A seller who creates an account in your name, copies your photographs, and communicates with buyers as though they were you may potentially commit computer-related identity theft under Republic Act No. 10175, the Cybercrime Prevention Act of 2012. The provision covers the intentional acquisition, use, misuse, transfer, possession, alteration, or deletion of identifying information belonging to another, without right.

The Supreme Court has explained that the law targets the unauthorized acquisition or use of another person’s identifying information, implicitly to cause damage. (Lawphil)

The same conduct may involve estafa, attempted estafa, falsification, deceptive sales practices, or other offenses when buyers are induced to pay through false representations.

What can you demand from the seller?

Depending on the legal basis and the evidence, you may demand that the seller:

Stop using your face, name, logo, photographs, packaging, or advertisements
Remove all listings, livestreams, pages, accounts, and sponsored advertisements
Stop manufacturing, importing, storing, distributing, or selling the counterfeit goods
Disclose the source, manufacturer, warehouse, supplier, and remaining inventory
Preserve sales records, messages, invoices, advertising records, and payment information
Turn over or destroy counterfeit products, labels, molds, packaging, and promotional materials
Issue a corrective statement stating that you did not endorse the product
Account for sales and profits
Pay damages, legal costs, and other recoverable losses

A court may issue an injunction stopping further use. For trademark infringement, it may award the profit the genuine owner would reasonably have made, the infringer’s profits, or a reasonable percentage of gross sales when exact damages cannot be established. Proven intent to mislead or defraud may justify doubled damages. Courts may also order counterfeit goods, labels, packaging, printing tools, and manufacturing materials destroyed or removed from commerce. (Lawphil)

Trademark infringement, unfair competition, and false designation may also carry imprisonment of two to five years and a fine of ₱50,000 to ₱200,000, independently of civil and administrative sanctions. (Lawphil)

How to stop the counterfeit seller step by step

1. Preserve evidence before reporting the account

Do not begin by commenting publicly or warning the seller. Once alerted, the seller may delete the account, change usernames, remove listings, or transfer stock.

Collect evidence first:

Capture full-page screenshots showing the account name, profile URL, product listing, price, caption, seller details, and date.
Copy the exact URL of each page, post, listing, video, advertisement, and store.
Make a screen recording showing how you reached the listing from the seller’s profile.
Save chats, order confirmations, payment instructions, phone numbers, email addresses, courier details, and bank or e-wallet information.
Download the images or videos in their original available format.
Record the number of followers, reviews, units sold, reactions, and public comments.
Save examples of confused customers asking whether the seller is connected with you.
Preserve your original logo files, photographs, contracts, registration certificates, and earlier posts proving prior use.
Keep a written incident log showing when you discovered each listing and what action you took.

Screenshots can be evidence, but Philippine rules still require authenticity and reliability to be shown. The Supreme Court has stressed that screenshots of social-media posts do not automatically prove who owned or controlled the account. Evidence linking the account to a phone number, payment account, delivery address, device, admission, or actual transaction can be crucial. (Supreme Court E-Library)

2. Consider a controlled test purchase

A test purchase can establish what the seller actually delivers and connect an online account to a physical person, courier, return address, telephone number, or payment destination.

Preserve:

The product listing as it appeared when ordered
Chat conversations
Electronic receipt
Order number
Payment confirmation
Courier pouch and waybill
Unboxing video beginning before the package is opened
Product, packaging, labels, inserts, warranty cards, and receipts
Comparison photographs showing differences from the genuine product

Do not alter, write on, dispose of, or distribute the purchased item. Keep it sealed and labeled when possible because it may later become evidence.

Avoid arranging a confrontation or conducting a private “raid.” Searches, seizures, and arrests require proper legal authority. Informal confrontations can endanger the complainant and compromise a later enforcement operation.

3. Confirm that you own the rights being asserted

Prepare an ownership file.

For a logo or brand, gather:

Philippine trademark registration certificate
Renewal records and declarations of actual use
Assignment or licensing documents
IPOPHL database printout
Specimens showing actual use on genuine goods
Packaging, invoices, catalogues, and advertisements
Proof of first use and continuous use

For a photograph or face, gather:

Original photograph or highest-quality source file
Metadata where available
Proof identifying the person depicted
Photographer’s agreement or copyright assignment
Model release, endorsement agreement, or contract showing the permitted scope of use
Proof that the counterfeit seller was never authorized

For a commissioned logo, confirm that the copyright was assigned in writing. If it was not, the designer may need to join the complaint or execute an assignment.

4. File a takedown complaint with the platform

Use the platform’s intellectual-property, impersonation, privacy, fraud, or counterfeit-reporting form rather than an ordinary “report this post” button whenever possible.

Submit:

The exact listing URLs
Trademark registration number
Copy of the registration certificate
Identification of the genuine rights owner
Explanation of why the goods are counterfeit
Side-by-side comparison
Statement that the seller has no license or authority
Identification document, if required
Authorization letter when filed by an employee, agent, distributor, or lawyer

Use separate grounds when appropriate. A single listing may be reported for:

Trademark infringement
Counterfeit goods
Copyright infringement
Impersonation
Unauthorized use of personal information
Fraud or deceptive conduct

Under the Internet Transactions Act of 2023, Republic Act No. 11967, marketplaces and digital platforms must provide an effective redress mechanism for reporting users or information that violate applicable laws. An aggrieved party should normally use the platform’s internal process first. The mechanism is considered exhausted if the complaint remains unresolved after seven calendar days. (Supreme Court E-Library)

Keep the ticket number and copies of every submission. If the listing is reposted, report the new URL and refer to the earlier ticket to establish repeat conduct.

5. Send a formal cease-and-desist demand

A well-prepared demand letter should identify:

The rights owner
The protected trademark, copyrighted work, photograph, or personal information
The exact unauthorized acts
Each account, shop, page, and listing involved
The laws violated
The required corrective actions
A clear compliance deadline
A requirement to preserve evidence
A warning that deletion of records may be raised in later proceedings
The address or email where the seller must confirm compliance

Send the letter through traceable channels, such as personal service with acknowledgment, registered mail, courier with proof of delivery, and the seller’s verified email or platform inbox.

A demand letter is especially important for damages under trademark law because Section 158 limits recovery of profits or damages when the infringer lacked knowledge that the imitation was likely to confuse or deceive. Actual written notice helps remove any claim of innocent ignorance. Registered owners should also consistently use the ® symbol or the words “Registered Mark” where appropriate. (Lawphil)

Do not state that a criminal case has already been filed when it has not. Do not demand money using threats unrelated to lawful remedies.

6. Report the counterfeiting to IPOPHL

The Intellectual Property Rights Enforcement Office of IPOPHL receives reports and verified complaints involving counterfeiting and piracy.

Its enforcement actions may include:

Warning or compliance notices
Visitorial orders
Coordination with law-enforcement agencies
Referral for case build-up
Referral to the DTI, local government, or another regulatory office
Administrative enforcement action

Reports may be submitted through the official IPOPHL Intellectual Property Rights Enforcement Office reporting page. For online violations, IPOPHL asks for the URL, online shop name, live-seller reference, or similar identifying information. For a physical shop, provide its name and exact address. (IPOPHL)

A basic public report can alert authorities. A rights owner seeking stronger administrative relief should prepare a verified complaint supported by ownership records, affidavits, test-buy evidence, and proof identifying the respondent.

7. Consider an IPOPHL Bureau of Legal Affairs complaint

The IPOPHL Bureau of Legal Affairs has original jurisdiction over administrative complaints involving intellectual-property violations when the total damages claimed are at least ₱200,000.

It may issue:

Cease-and-desist orders
Administrative fines
Compliance requirements
Seizure or condemnation of offending products
Forfeiture of paraphernalia used in the offense
Assessment of damages
Cancellation or suspension of certain IPOPHL-issued registrations or authorities

The complaint normally needs to be verified, meaning the complainant swears that the material allegations are true based on personal knowledge or authentic records. Corporate complainants generally need a board resolution or secretary’s certificate authorizing the representative to file and sign. (Lawphil)

This route is useful when the respondent is identifiable and the owner wants an enforceable administrative order without immediately beginning a full court case.

8. Escalate the online listing to the DTI

The Internet Transactions Act authorizes the DTI Secretary, after investigation or verification, to issue an ex parte takedown order against an online offer involving counterfeit goods when the prohibited nature of the goods is apparent from the photograph or description.

The order may be directed to both the seller and the platform. Related payment gateways, internet service providers, and government agencies may also receive copies when their cooperation is needed.

The seller must be given an opportunity to be heard within 48 hours after issuance. A DTI takedown order generally remains effective for a maximum of 30 days unless extended or made permanent by a judicial order or decision. (Supreme Court E-Library)

The DTI also requires platforms to act expeditiously after notice when goods infringe intellectual-property rights. Failure to act may create statutory liability in qualifying consumer disputes. (Supreme Court E-Library)

Complaints may be filed through the DTI Consumer Complaints Assistance and Resolution System or the appropriate DTI regional or provincial office. Include a narration of facts, the requested remedy, proof of transaction where available, identification, and all relevant screenshots and URLs. (DTI Consumer Care)

9. File a National Privacy Commission complaint for misuse of your face

When the problem involves unauthorized processing of your face, photograph, name, or other identifying information, first send the respondent and relevant platform a written privacy demand.

Request:

Removal or blocking of the photograph
Identification of the source from which it was obtained
Identification of recipients or advertisers who received it
Explanation of the claimed lawful basis
Confirmation that further processing has stopped
Preservation of records relating to the processing

Before filing with the National Privacy Commission, the complainant generally must give the respondent written notice and an opportunity to act. If the respondent gives no timely or appropriate response within 15 calendar days, proof of that notice should be attached to the complaint.

An NPC complaint should be notarized or otherwise verified in the required form and supported by documentary evidence and witness affidavits. A representative filing for the data subject normally needs a special power of attorney. A corporate representative may also need a board resolution and secretary’s certificate. (National Privacy Commission)

The official NPC complaint procedure explains filing methods and documentary requirements.

10. Report fraud or impersonation to law enforcement

Consider reporting to the NBI Cybercrime Division, the PNP Anti-Cybercrime Group, or another competent investigative unit when the seller:

Uses a fake profile pretending to be you
Solicits payments in your name
Uses multiple dummy accounts
Threatens you or witnesses
Uses forged documents
Conceals the seller’s identity through false registrations
Operates a warehouse or large distribution network
Continues after takedown notices
Sells dangerous counterfeit products such as medicines, food, cosmetics, electrical products, or vehicle parts

Bring both printed and electronic copies of the evidence. Investigators may need original devices, witness affidavits, test-buy materials, proof of ownership, and a clear explanation of how the account is linked to the suspect.

The complainant should distinguish between what is personally known and what is inferred. Saying “this payment account received the test-buy payment” is stronger than simply stating “this person owns the account” without supporting proof.

11. Seek an injunction from a Special Commercial Court

A civil case may be necessary when:

The seller refuses to stop
The infringement is causing serious continuing damage
Large inventories are involved
The seller operates through multiple platforms
You need disclosure, accounting, damages, seizure, or destruction orders
Platform takedowns only result in new accounts appearing

Intellectual-property cases are handled under the Supreme Court’s 2020 Revised Rules of Procedure for Intellectual Property Rights Cases by Regional Trial Courts designated as Special Commercial Courts. (Lawphil)

A plaintiff may seek a temporary restraining order or preliminary injunction, but these are not automatic. The applicant must present competent proof of a clear legal right, an actual or threatened violation, and serious or irreparable injury that cannot be adequately corrected by ordinary damages alone.

Full litigation may take months or longer, particularly when defendants avoid service, evidence is located abroad, several sellers are involved, or the identity behind an account must first be established. Interim relief can move faster when the evidence and respondent information are complete.

Which remedy is usually best?

Situation	Most useful first steps	Possible escalation
One marketplace listing using your logo	Preserve evidence, platform IP complaint, demand letter	IPOPHL report or DTI complaint
Fake social-media account using your face	Impersonation and privacy report, written removal demand	NPC, NBI, or PNP complaint
Large volume of fake goods in a warehouse	Evidence preservation and confidential law-enforcement coordination	Search warrant, criminal complaint, civil injunction
Unregistered logo with established customers	Prove prior use and goodwill, demand letter	Unfair-competition or false-designation case
Registered trademark on fake products	Trademark takedown and notice of registration	IPOPHL administrative case, criminal complaint, or Special Commercial Court case
Foreign seller targeting Philippine buyers	Platform complaint and Philippine representative	DTI, IPOPHL, or court action depending on jurisdiction and evidence
Imported counterfeit shipments	Customs recordation and intelligence referral	Bureau of Customs seizure proceedings
Unauthorized photograph in paid ads	Ad-platform report, privacy demand, proof of false endorsement	NPC complaint and civil action

Documents you should prepare

A strong enforcement file usually contains:

Document	Why it matters
Trademark certificate and renewal records	Establishes registration and exclusive rights
Declarations of actual use	Helps confirm the Philippine registration remains enforceable
Copyright assignment or design contract	Proves ownership of the logo or photograph
Original design or photo files	Helps establish creation, date, and authenticity
Screenshots with visible URLs and dates	Shows the exact infringing content
Screen recordings	Preserves navigation, account identity, and context
Test-buy receipt and unboxing video	Connects the online listing to the delivered fake product
Courier waybill and packaging	May identify the sender, warehouse, or return address
Affidavits of confused customers	Helps prove deception and reputational harm
Sales and advertising records	Helps establish goodwill and financial loss
Platform reports and ticket numbers	Shows notice and the platform’s response
Demand letter and proof of receipt	Establishes actual notice and exhaustion of remedies
Board resolution and secretary’s certificate	Authorizes a corporate representative
Special power of attorney	Authorizes an individual representative
Apostilled foreign documents	Helps establish authenticity of documents executed abroad

Special issues for foreigners and overseas brand owners

A foreign company does not necessarily need to be licensed to conduct business in the Philippines merely to enforce its trademark rights. Section 160 of the Intellectual Property Code allows a qualifying foreign person or entity that is not doing business locally to bring civil or administrative actions for opposition, cancellation, infringement, unfair competition, and false designation, subject to the treaty and reciprocity requirements in Section 3. (Lawphil)

In practice, a foreign rights owner should expect to provide:

Certificate of incorporation or equivalent business record
Proof of trademark or copyright ownership
Board authorization
Power of attorney appointing a Philippine representative
English translations of documents in another language
Apostille or consular legalization where required
Chain-of-title documents showing assignments, mergers, or name changes

Documents issued in an Apostille Convention country for use in the Philippines are generally apostilled by the competent authority in the country of origin rather than “red-ribboned” by a Philippine embassy. Documents from a non-contracting country may still require consular authentication or legalization. The receiving court or agency may impose additional evidentiary requirements. (Philippine Embassy New Delhi)

Foreign owners should also appoint someone who can promptly authenticate products, sign affidavits, attend conferences, and assist investigators. Enforcement is often delayed not by lack of legal rights but by slow confirmation that seized or purchased goods are counterfeit.

Common mistakes that weaken a counterfeit complaint

Reporting before saving the evidence

Listings and accounts can disappear immediately after a report. Preserve complete evidence first.

Submitting cropped screenshots

A cropped image may omit the URL, seller identity, date, price, or surrounding context. Capture the full screen and preserve the underlying link.

Assuming a trademark certificate proves everything

The registration must cover the relevant goods or related goods, remain valid, and be supported by required declarations of actual use. Ownership and chain of title must also be clear.

Ignoring the logo designer’s copyright

A business may own the trademark registration but not the copyright in the artwork if the freelance designer never transferred copyright in writing.

Making only a general platform report

Ordinary user reports may be handled automatically. Use the platform’s intellectual-property, counterfeit, impersonation, or privacy procedure and provide ownership evidence.

Publicly accusing an unidentified person

Publishing names and accusations without adequate verification may create separate defamation or privacy disputes. Focus public warnings on verified facts, such as identifying the genuine store and stating that specified accounts are unauthorized.

Accepting deletion without written undertakings

A seller may delete one post and reopen under another name. Obtain written confirmation covering inventory, future use, related accounts, suppliers, and remaining advertisements.

Waiting too long

Delay allows inventory and records to disappear and may complicate proof of damages. Copyright damages under the Intellectual Property Code cannot generally be recovered after four years from the cause of action. Similar limitation and procedural issues may apply depending on the claim. (Lawphil)

Frequently Asked Questions

Can I stop someone from using my face to advertise a product?

Yes. You may use platform impersonation or privacy procedures, demand removal, invoke Civil Code protections for dignity and personality, and rely on the Data Privacy Act when your identifiable photograph is processed without a lawful basis or for an unauthorized purpose. A false claim that you endorsed the product may also support a false-designation or damages claim.

Does it matter that my photograph was taken from a public Facebook or Instagram account?

Public visibility does not automatically create unlimited permission for commercial reuse. The seller must still have a lawful basis for processing personal information and must not falsely imply sponsorship, approval, or endorsement.

Can I sue even if my logo is not registered?

Possibly. You may rely on unfair competition, false designation, trade-name rights, copyright, and Civil Code remedies. However, you will need stronger proof that you used the logo first and that buyers associate it with your goods or services.

Is using a slightly altered logo still illegal?

It can be. Trademark infringement is not limited to exact copies. A colorable imitation or dominant feature may infringe when the similarity is likely to confuse, mislead, or deceive buyers.

Should I message the seller before reporting the listing?

Preserve evidence first. After evidence is secured, a formal written demand may be useful. An informal warning sent too early may cause the seller to delete accounts, relocate inventory, or conceal records.

Can the platform be forced to disclose the seller’s identity?

A platform may voluntarily provide limited information under its policies, but personal account information usually requires lawful process. Under the Internet Transactions Act, platforms must maintain merchant information and may be required to provide specified details when a competent authority issues a subpoena during an investigation based on a sworn complaint. (Supreme Court E-Library)

How quickly can a listing be removed?

A platform may remove an obvious counterfeit listing within hours or days, but there is no universal timetable. Under the Internet Transactions Act, the internal mechanism is considered exhausted when unresolved after seven calendar days. A DTI takedown order may be issued after investigation or verification in qualifying cases.

Can I recover the seller’s profits?

A registered trademark owner may seek the infringer’s profits, the profit the owner would reasonably have earned, or a reasonable percentage of gross sales when exact figures cannot be determined. Proving sales volume is easier when invoices, platform records, payment information, and inventory records have been preserved.

Can the fake goods be destroyed?

Yes. Courts may order infringing goods, labels, packaging, advertisements, molds, printing devices, and similar materials destroyed or disposed of outside commercial channels. Simply removing the fake trademark is ordinarily not enough to release counterfeit goods back into commerce. (Lawphil)

Can a foreign brand owner file a case in the Philippines?

Yes, in qualifying cases. A foreign person or company protected under applicable treaties or reciprocity rules may bring trademark enforcement actions even when it is not licensed to do business in the Philippines. Properly authenticated corporate records, authorization documents, and Philippine representation will usually be needed.

Key Takeaways

Preserve URLs, screenshots, recordings, messages, payment details, and test-buy evidence before alerting the seller.
A registered logo can support trademark-infringement claims; an unregistered logo may still be protected through unfair competition, false designation, copyright, or trade-name rights.
Unauthorized use of a face may violate privacy, data-protection, personality, and false-endorsement rights.
Use the platform’s formal counterfeit, intellectual-property, impersonation, and privacy procedures.
An internal platform complaint is generally considered exhausted after seven unresolved calendar days under the Internet Transactions Act.
IPOPHL, DTI, the NPC, the NBI, the PNP, the Bureau of Customs, and Special Commercial Courts perform different enforcement roles.
Check logo-design contracts carefully because paying a freelance designer does not automatically transfer copyright.
Foreign rights owners can enforce qualifying trademark rights in the Philippines but should prepare apostilled corporate and authorization documents.
Do not conduct private raids or confront suspected counterfeiters; searches and seizures must be handled through lawful enforcement procedures.
Fast action matters because accounts, stock, payment records, and identifying information can disappear quickly.