Case Studies

Assessing Your Brand’s Exposure to Counterfeiting: A Cost-Based Perspective

It is well known that manufacturers of counterfeit goods are able to undercut the prices of legitimate goods because they do not incur the same overhead costs that rights owners bear. Counterfeiters do not invest in R&D, they do not incur the same product marketing costs, and they do not pay royalties or licensing fees, just to name a few. It follows that the chief costs borne by counterfeiters are those associated with manufacturing and distribution. It is through this lens that it may be useful to assess your brand’s exposure to counterfeiting.

We propose a simple matrix for rights owners to consider in determining how susceptible their goods may be to counterfeiting. The X-axis represents distribution costs and the Y-axis represents manufacturing costs.

The lower left quadrant, where distribution and manufacturing costs are the lowest, is where rights owners are the most likely to contend with counterfeiting issues. Conversely, the upper right quadrant, where distribution and manufacturing costs are the highest, is where rights owners may be more insulated from the threat of counterfeiters. The upper left and lower right quadrants represent areas of moderate risk, where rights owners should remain vigilant to identify indicia of the presence of counterfeit goods in the market.

Importantly, rights owners have within their power the ability to influence many of these factors and should pursue an IP protection strategy that moves their products to the upper right quadrant.

In assessing where a product falls within this matrix, externalities that may weigh on a counterfeiter beyond the purely economic definition of cost must be considered. Importantly, rights owners have within their power the ability to influence many of these factors and should pursue an IP protection strategy that moves their products to the upper right quadrant.

For example, in assessing distribution costs a rights owner should consider the counterfeiter’s channels of distribution. Is the counterfeiter selling direct to consumers, possibly by way of an online marketplace, or is the counterfeiter relying on other distributors within the market, possibly through a wholesale relationship? If the rights owner is able to disrupt these channels, whether by leveraging its own relationships in the market or by coordinating with government entities to intercept counterfeits at the port of entry (to name but two strategies), it has increased the cost of distribution to the counterfeiter.

Beyond the direct cost of manufacturing, i.e. the materials and labor required to produce a single counterfeit unit, a complete consideration of the manufacturing costs incurred by a counterfeiter should include the difficulty a counterfeiter will have reproducing a rights owner’s goods. If the rights owner deploys anti-counterfeiting technology to deter reproduction (again, just to name a single strategy), it has increased the counterfeiter’s manufacturing costs.

BCGuardian’s experts work with brands and content owners to develop customized IP protection programs that push their products and content to the upper right quadrant. Get in touch with us to find out how we can help your brand!

Online Marketplace Enforcement


Faced with a surge of counterfeits flooding online marketplaces, a group of the world’s leading educational publishers relied on BCGuardian to develop a custom solution to remove the counterfeits from circulation and provide the evidentiary basis, not just for litigation and enforcement, but for outreach to channel partners, distributors, and online marketplaces.


BCGuardian’s team of experts devised a multi-pronged enforcement program centered around the collection of evidence at scale, building the infrastructure and developing the resources necessary to purchase, inspect, and process thousands of units each month of what purported to be our clients’ goods.


The evidence, research, and reporting generated by BCGuardian have fueled our clients’ anti-counterfeiting enforcement efforts with marketplace storefronts, wholesale distributors, retail distributors, and foreign manufacturers.

BCGuardian’s efforts also enabled our clients to align much of the ecosystem in the fight against counterfeits, contributing to the development and wide-spread adoption of a series of anti-counterfeiting best practices, removing thousands of counterfeits and pirate sellers from the marketplace along the way.

Inventory Audit to Identify and Seize Counterfeit Goods


BCGuardian uncovered counterfeit copies of our clients’ goods in a distribution channel partner’s inventory. Upon closer examination, it became apparent that a systematic flaw in the channel partner’s procurement network had been exploited and was being taken advantage of by a ring of foreign counterfeiters to dump counterfeit versions of our clients’ goods into the U.S. market.


BCGuardian worked with the channel partner across numerous distribution centers within the channel partner’s network to coordinate and execute a targeted audit of all inventory believed to be infected by the inflow of counterfeits.


BCGuardian and our clients reviewed over 100,000 units of inventory at risk for being affected by the foreign ring’s illegal counterfeiting activity. When all was said and done, tens of thousands of counterfeit units were identified and removed from the channel partner’s inventory.

BCGuardian’s collaborative efforts with its clients’ channel partner led to a strong working relationship, which included delivering training for the channel partner to identify counterfeit versions of our clients’ goods on intake. It also led to a review and establishment of controls to prevent counterfeits from entering the channel partner’s inventory in the first instance.