USTR to List Fake and Counterfeit Markets

[ABS News Service/26.08.2026]

The US Trade Representative’s Office is seeking public input for its 2026 review of notorious markets rife with counterfeiting and intellectual property piracy, putting a new emphasis on sophisticated counterfeit products known as “superfakes” or “superclones.”

According to a Federal Register notice scheduled for publication today, USTR is inviting nominations of online and physical markets that allegedly engage in or facilitate substantial trademark counterfeiting or copyright piracy involving US intellectual property.

The 2026 notice does not define “superfakes” or “superclones” in detail, but the terms generally describe unusually convincing counterfeit trademark goods designed to resemble authentic products in their materials, construction and packaging. The choice of topic signals interest in counterfeits that may be harder for consumers, platforms and enforcement agencies to identify than conventional knockoffs.

Apart from the new issue focus and dates, USTR’s information requests remain broadly consistent with the previous two years. Commenters are asked to identify markets and their owners or operators, estimate the scale of infringement and resulting economic harm, describe health or safety risks, and document enforcement efforts and responses by market operators. USTR also seeks evidence showing whether infringement and estimated harm have increased or decreased over time.

The resulting Notorious Markets List will provide illustrative examples rather than legal findings. USTR uses the annual review to encourage market operators, foreign governments and enforcement authorities to act against commercial-scale piracy and counterfeiting.

The completed 2025 list, released in March 2026, identified 37 online and 32 physical markets. This year’s focus marks a shift from digital piracy and public-health concerns toward the increasing sophistication of counterfeit merchandise.

The 2025 review focused on piracy of sports broadcasts, reflecting concern about illicit livestreaming and counterfeit merchandise in connection with major sporting events.

The 2024 review examined illicit online pharmacies and counterfeit medicines, emphasizing risks to consumer health and safety. Comments are due October 7.