IP Law Daily, INDUSTRY NEWS: Office of US Trade Representative releases 2025 Notorious Markets List, (Mar 4, 2026)

By Brian Craig, J.D.

The 2025 report reports that China continues as the number one source of counterfeit products and that sports broadcast piracy represents a significant and growing threat.

The Office of the United States Trade Representative (USTR) on March 3, 2026, released the findings of its 2025 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List or NML). The 2025 Notorious Markets List reports that sales of counterfeit merchandise and illicit streaming of sports broadcasts represent a growing threat. The 2025 NML identifies 32 physical markets and 39 online markets that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy with China continuing as the number one source of counterfeit products in the world.

Background. USTR first identified notorious markets in the Special 301 Report in 2006. Since February 2011, USTR has published annually the Notorious Markets List separately from the Special 301 Report to increase public awareness and help market operators and governments prioritize intellectual property enforcement efforts that protect American businesses and their workers.

2025 Notorious Markets List. Each year, the “issue focus” section of the NML highlights an issue related to the facilitation of substantial counterfeiting or piracy. This year’s report examines the adverse impact of sports broadcast piracy, which represents a significant and growing threat to the economic foundations of professional sports worldwide.

“With the United States co-hosting the FIFA World Cup, we are particularly attuned to sales of counterfeit merchandise and illicit streaming of sports broadcasts,” said Ambassador Jamieson Greer. “Not only do such activities amount to intellectual property theft, they also harm consumers, such as through purchasing substandard goods that can present health or safety concerns or downloading malware when visiting sites engaged in these activities.”

Online markets. The report identifies various online practices that pirates have used to engage in or facilitate substantial piracy or counterfeiting to the detriment of U.S. creators and companies. Stakeholders have expressed concerns about online markets, such as TikTok Shop and Meta platforms Facebook and Instagram, with the high volume of counterfeit products available in these marketplaces, fraudulent advertisements and popular influencers promoting counterfeit goods, and ineffective enforcement measures to limit counterfeit sales and deter repeat offenders.

Rights holders identified 39 online markets that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy. The report identified a cloud storage service, operated by Baudi and based in China, and the largest search engine-provider in China, as one of the common online markets for counterfeit goods. Users of the service are able to share links to files stored on their accounts with other users, and infringing content is reportedly disseminated widely through social media and other piracy linking sites. The report also identifies DHgate and Douyin Mall as two other online markets based in China.

Physical markets. Meanwhile, the report lists 32 physical markets that continue to help traffic counterfeit and pirated goods. Rights holders identified counterfeit markets in 19 countries, including those in Asia, South America, and North America. Five physical markets were identified within China. China continues to be the number one source of counterfeit products in the world. The report indicates that goods from China, including Hong Kong, seized by U.S. Customs and Border Protection in Fiscal Year 2024 accounted for almost 93% of the value of all intellectual property-infringing goods seized from all countries, as measured by manufacturers’ suggested retail price. Counterfeiting activities have increased as economic conditions have declined within China, according to the report. Among the 32 physical markets identified, the report describes three physical markets in India and three physical markets in Mexico.

Enforcement activities. The report highlights several successful enforcement activities. In July 2025, the U.S. Federal Bureau of Investigation, with assistance from the Dutch Fiscal Information and Investigation Service, seized the domains of multiple online criminal marketplaces, including nsw2u.com, nswdl.com, game-2u.com, bigngame.com, ps4pkg.com, ps4pkg.net, and mgnetu.com. NSW2U, a major global site distributing infringing copies of Nintendo Switch games, was identified in previous reports. For more than four years, these websites provided pirated versions of popular video games. Between February 2025 and May 2025, a total of 3.2 million downloads occurred on these sites, resulting in an estimated loss of $170 million. Furthermore, the report discusses how several countries have increased enforcement efforts in physical marketplaces and coordination with right holders to effectively reduce counterfeit activity.

The report notes that many e-commerce and social commerce platforms have taken solid steps toward initiating additional anti-counterfeiting practices and adapting to new circumvention techniques used by counterfeiters. Several platforms filed public submissions this year outlining their implementation of new or enhanced anti-counterfeiting tools, including educational campaigns, increased identity verification requirements, and faster and more transparent notice-and-takedown processes. Additionally, several platforms continue to invest in artificial intelligence (AI) and machine learning technologies as a way to scale up and quickly adapt traditional anti-counterfeiting measures such as text and image screening.

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