Brand Impersonation: When Your Reputation Becomes the Bait

14 July 2026

Brand impersonation is no longer just a fake Facebook page or a dodgy website using a copied logo.

It is now a serious brand, consumer protection and cyber risk.

Scammers are using trusted business names to push fake products, run phishing campaigns, collect payment details, harvest personal information and trick customers into thinking they are dealing with the real business.

For brand owners, the damage can be immediate:

• confused customers;

• lost sales;

• complaints to the real business;

• reputational harm;

• misuse of trade marks, logos and product images;

• fraudulent websites, ads, emails and social accounts; and

• a loss of trust that is hard to rebuild.

In Australia, scam losses remain significant. The ACCC reported that Australians made 481,523 scam reports in 2025, with reported losses totalling $2.18 billion.

What is brand impersonation?

Brand impersonation happens when someone pretends to be, or be connected with, a real business.

That can include:

• fake websites using a similar domain name;

• scam social media pages;

• sponsored ads pretending to be from the brand;

• fake customer service accounts;

• phishing emails using copied branding;

• counterfeit product listings;

• fake invoices or payment redirection emails;

• cloned online stores; and

• AI-generated videos, images or messages using a brand’s name, products or people.

The common thread is simple: the scammer borrows trust from the real brand.

That is what makes this conduct so effective. Customers are not always being reckless. Often, they are being targeted through a brand they already know.

Why this is an IP problem, not just an IT problem

Cybersecurity teams often deal with the technical side of impersonation. That matters.

But brand impersonation is also an intellectual property issue.

The assets being misused are usually IP assets:

• registered trade marks;

• business names;

• logos;

• product photos;

• packaging;

• advertising copy;

• slogans;

• domain names;

• get-up and branding; and

• reputational goodwill.

A strong IP position gives a business more options. It can support takedown requests, platform complaints, domain name disputes, marketplace enforcement and, in serious cases, formal legal action.

Without registered rights, enforcement can be slower, messier and more expensive.

AI has made brand impersonation easier

AI has lowered the barrier to entry.

A scammer no longer needs to write convincing copy, design a professional-looking ad or manually build a fake store from scratch. AI tools can help generate:

• fake product descriptions;

• cloned website text;

• fake reviews;

• realistic images;

• translated scam messages;

• personalised phishing emails;

• fake executive voice or video content; and

• social media content that looks “on brand”.

The ACCC has already identified phishing and social media scams as major areas of concern. In the first four months of 2025, phishing scam losses reported to Scamwatch rose to $13.7 million, compared with $4.6 million in the same period in 2024. Social media scam losses also increased to $23.4 million over that period.

That is the point for businesses: impersonation is not a fringe problem. It is happening where customers already are — search, social, email, marketplaces and messaging apps.

What should brand owners do?

A brand protection strategy does not need to be complicated, but it does need to be active.

Businesses should consider:

• registering core trade marks early;

• securing obvious domain name variations;

• monitoring social media platforms and marketplaces;

• setting up alerts for brand names and product names;

• keeping records of scam pages, fake ads and infringing listings;

• reporting fake profiles and websites quickly;

• using trade mark rights in takedown requests;

• preparing a customer warning page if scams appear;

• training staff to spot fake invoices and payment redirection attempts; and

• having a clear internal process for escalation.

Speed matters. The longer a fake page or scam ad stays live, the more damage it can do.

ASD’s Australian Cyber Security Centre also encourages organisations to report cyber incidents, including phishing and spearphishing, and notes that reporting can help build intelligence to prevent further harm.

The trade mark lesson is simple

A brand is not protected just because a business has used it for years.

Use matters. Reputation matters. But registration gives a business a clearer enforcement tool when someone else starts misusing the brand online.

For businesses selling online, advertising online or dealing directly with consumers, trade mark registration is no longer just a “nice to have”. It is part of the risk management toolkit.

Brand impersonation can move quickly. Your IP protection should not be catching up after the scam has already happened.

Need help protecting your brand online?

IP Solved helps businesses identify, protect and enforce their trade mark rights in Australia and overseas.

If your brand is being copied, impersonated or misused online, we can help you assess your options and take practical steps to protect your business, your customers and your reputation.

This article provides general information only and is not legal advice. Specific advice should be obtained for your business and circumstances.