How has online shopping through social media platforms impacted efforts to protect IP, and what strategies are companies adopting to address these challenges?
The rapid growth of social commerce has intensified IP enforcement challenges, particularly with the rise of counterfeit and lookalike goods sold through anonymous, hard-to-trace accounts. Brands face compounded hurdles due to jurisdictional complexity, reactive takedown mechanisms, and the evolving nature of peer-to-peer commerce. In this landscape, rights holders require a strategic, proactive approach—leveraging AI-driven monitoring and authentication tools, conducting undercover investigations, and investing in consumer education. Many are also turning to direct-to-consumer storefronts on social platforms as a controlled alternative. As platforms like ChatGPT enter the online shopping space, IP protection must adapt to meet emerging retail models head-on.
How do counterfeit goods impact consumer trust, and what can companies do to rebuild it?
Counterfeit goods erode consumer trust by damaging brand reputations—especially when low-quality fakes are mistaken for genuine products. They undermine confidence in online shopping, dilute brand equity, and can pose serious safety risks in sectors like cosmetics and electronics. Frustrating consumer experiences, such as denied warranties, diminish trust not only in individual brands but across entire marketplaces. This reinforces the need for robust consumer education and a proactive, legally grounded brand protection strategy. While dupes are often perceived as lower-risk alternatives, they still blur brand identity and, particularly in the luxury space, threaten the distinctiveness that underpins long-term brand equity.
What hobbies or causes are you passionate about?
I’m committed to the fight against human trafficking, with a particular focus on protecting children and vulnerable youth. Organizations like Saving Innocence are doing vital work—offering direct support to survivors, advocating for systemic change, and partnering with law enforcement and social services to disrupt cycles of exploitation. I’m honored to serve on the Board of Directors and provide pro bono legal services to advance their mission. What moves me most is their commitment to both trauma-informed crisis care and long-term empowerment—helping survivors not only escape trafficking, but rebuild their lives with dignity, autonomy, and hope for a more secure future.
Contact info: mhoward@loeb.com
