"Not Naming the Brand is Safe"? Cryptic Counterfeiting in Live Streaming Still Constitutes Infringement

WISECODE Take

I believe that hiding trademarks and using code words in live streaming is like lowering the battle flag while expecting to hide hostility—it is pure self-deception. This tactical evasion is legally deemed "trademark use"; as long as it causes public confusion, it constitutes infringement even without naming the brand. In the case cracked by Shandong Dezhou police in July 2026, a gang used over 200 shops to hide logos, yet 26,000+ clothing items were seized, with the case value reaching 80 million RMB. Hefei police also arrested a gang selling fake goods under "factory-direct" buzzwords, involving over 500,000 RMB. This means brand owners no longer need to prove the exact logo was shown; as long as suggestive marketing causes confusion, they can take legal action. Businesses that focus on original designs and do not ride on big brands' coattails are completely unaffected. Zhidian's "Trademark Monitoring" service helps brand owners actively detect such novel, covert infringements. We suggest two actions: First, brand owners should include competitors' suggestive wording and evidence of confusion in their evidence collection; second, live-streaming channels must strictly audit supply chain authorizations and never believe that "not naming the brand" is a loophole.