Exploring the Growing Problem of Counterfeits in Sports Apparel & Merchandise

INTA convened policymakers, enforcement officials, and private-sector leaders on Capitol Hill for the Congressional Trademark Caucus (CTC) event entitled Exploring the Growing Problem of Counterfeits: In Sport Apparel & Merchandise on March 24. The discussion focused on the increasing sophistication of counterfeit operations, mounting pressure on enforcement systems, the economic and consumer harms posed by fake goods, and the need for stronger public-private coordination. 

The setting established immediate urgency: tables displayed seized counterfeit goods alongside authentic products, demonstrating how closely counterfeit items now resemble legitimate merchandise. Opening remarks were delivered by Senator Chris Coons of Delaware and Senator Chuck Grassley of Iowa, Co-chairs of the CTC. Both emphasized that counterfeiting represents a growing threat to consumer trust, economic integrity, and, in some sectors, public safety.  

Senator Coons highlighted the serious risks posed by counterfeit goods, including where legitimate products serve critical or life-saving functions, and stressed that evolving technologies and metastasizing criminal networks necessitate investment in American innovation protection. Senator Grassley similarly framed counterfeiting as both economically damaging and dangerous, stating “I’m eager to hammer out ‘Shop Safe’ legislation to protect consumers by strengthening the safety and integrity of the online marketplace.” 

The Shop Safe Act is a proposed U.S. law that would make online marketplaces responsible for counterfeit goods sold by third-party sellers unless they adopt strong anti-counterfeiting and seller verification steps. 

The panel was moderated by Czareena Dotchev, Senior Strategist, Government Relations, INTA, and featured Alaina Van Horn, Chief ofIntellectual Property Enforcement at U.S. Customs and Border Protection (CBP); Adrian Punderson, Head of Global Brand Protection at Under Armour; Jim Aronowitz, Vice President of Legal Affairs and Brand Protection at Fanatics, Inc.; and Newton Vieira, Americas Brand Protection Director at Nike. Panelists noted that because sports merchandise plays a central role in fan identity and economic activity, it is exploited by counterfeit networks operating at scale. These networks now rely on deceptive websites, targeted digital advertising, e-commerce platforms, fragmented logistics systems, and online-to-offline strategies to mimic legitimate retail channels and therefore managing to reach consumers directly.

A focal point of the panel discussion was the growing complexity of enforcement. Counterfeit goods are frequently routed through fragmented supply chains, including free trade zones (FTZs), using altered bills of lading, and post-departure shipment modifications that obscure origin and contents. Panelists explained that these tactics complicate detection and interdiction for both customs officials and rights holders. While CBP remains a critical frontline actor, existing authorities and information-sharing mechanisms are increasingly strained. Enforcement has also shifted from large cargo seizures to high volumes of small parcels, each requiring equivalent investigative resources. 

Panelists highlighted how counterfeiters exploit the same commercial channels and consumer behaviors that legitimate brands depend upon. In a digital marketplace of mobile-first shopping, targeted advertising, and convincing fraudulent websites, consumers face growing difficulty distinguishing legitimate from counterfeit sources.  

The importance of public-private coordination emerged as a key takeaway. Industry representatives want better collaboration between brands, enforcement agencies, and international partners to help identify counterfeit networks and strengthen broader investigative efforts. The U.S. Patent and Trademark Office IP Attaché program was noted as an important component of the international enforcement ecosystem. Panelists suggested that effective enforcement requires visibility across the full production chain, including packaging, branding, and shipment preparation, rather than focusing solely on in-transit goods.  

The discussion also touched upon legislative responses, including measures to strengthen information-sharing frameworks with customs authorities and legislative responses to address the sale of counterfeits on e-commerce platforms. 

The event concluded with a shared recognition that combating counterfeit goods in the sports industry requires a coordinated, transparent, multi-stakeholder approach. Strengthening enforcement tools and improving communication between public-private information players, as well as with consumers, is crucial for marketplace protection. As global demand for sports merchandise continues to rise, safeguarding the integrity of this market extends beyond an industry concern to a broader economic and consumer protection imperative. 

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. 

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