How can a foreign e-commerce brand stop unauthorized resellers in Romania?

A foreign e-commerce brand can stop unauthorized resellers in Romania by combining several tools: (i) registering and enforcing its trademarks in Romania, the EU or via international registrations; (ii) using Law no. 11/1991 on unfair competition to target misleading and parasitic behavior; (iii) filing structured IP complaints through platforms such as eMAG Brand Portal, OLX reporting tools and Meta’s IP forms for Facebook and Instagram; and (iv) escalating to civil court actions and interim measures before Romanian courts, including injunctions and seizure of infringing goods, when platform measures alone are insufficient.

Can a brand block parallel imports in Romania?

Under the EU trademark exhaustion regime, once genuine goods have been put on the market in the European Economic Area by the trademark owner or with its consent, the owner cannot normally use its trademark to prevent further resale of those specific goods in Romania. However, the brand can oppose parallel imports when goods are first placed on the market outside the EEA without its consent or when there are legitimate reasons, such as changes to the condition of the goods, repackaging that harms the trademark’s reputation or failure to comply with regulatory and safety requirements.

What evidence is needed to request takedowns on Romanian marketplaces like eMAG and OLX?

For takedowns on eMAG, OLX and other marketplaces, a brand should provide: proof of IP ownership (trademark certificates or extracts, license agreements where applicable); precise identification of infringing listings (URLs, screenshots, seller IDs, product names and misleading claims); and a statement made in good faith that the reported content infringes its rights. Platforms may also request contact details for the brand or its legal representative and, for repeated complaints, may encourage rights holders to register in dedicated tools such as the eMAG Brand Portal.

Which Romanian courts handle trademark and unfair competition disputes against online resellers?

Trademark and unfair competition disputes in Romania are heard by civil courts, with many cases concentrated before the Bucharest Tribunal and the Bucharest Court of Appeal, which have specialized intellectual property panels. Depending on the type of claim and the defendants involved, jurisdiction rules in the Trademarks Law and the Civil Procedure Code may give exclusive competence to Bucharest courts or allow the claimant to sue at the place where the harmful act occurred or where one of the defendants is established.

How quickly can a foreign brand obtain interim measures against unauthorized resellers in Romania?

The exact timing depends on the court workload and the complexity of the case, but Romanian law allows trademark owners to request provisional measures such as injunctions, seizure of goods and preservation of evidence on an urgent basis, including before a full action on the merits is filed. In addition, the summary injunction procedure (ordonanță președințială) under the Civil Procedure Code can provide temporary relief where the case is urgent, the requested measure does not prejudge the merits and there is a risk of serious harm if action is delayed. Well-prepared evidence and clear arguments significantly increase the chances of fast interim relief.

Stopping free-riding and unauthorized resellers in Romania

For foreign e-commerce brands, Romania is an attractive market: strong digital adoption, a dominant local marketplace ecosystem (especially eMAG), and high social media usage. But the same factors make it a hotspot for unauthorized resellers and outright counterfeiters, who free-ride on your investment in marketing, quality and reputation.

From seemingly “innocent” grey market listings on eMAG or OLX, to TikTok and Instagram sellers pushing fake or diverted stock, unauthorized resellers can undercut prices, create price chaos across the EU, damage selective distribution strategies, and expose consumers to unsafe products. For foreign brands that do not have a local subsidiary, the problem can feel distant and hard to control.

This article explains, in practical terms, how foreign e-commerce businesses can protect their brands in Romania, combining trademark and unfair competition tools, platform takedown procedures and, when needed, court action and interim measures. The focus is on what you can actually do, in what order, and what evidence you need to move fast and efficiently.

1. Understanding Free-Riding and Unauthorized Resellers in Romania

Unauthorized resellers are traders who sell your branded products without being part of your official distribution or licensing network. They may sell genuine goods (for example, surplus or diverted stock imported into the EU) or counterfeit / look-alike products. Their common feature is that they are outside your distribution strategy and free-ride on your reputation and investments.

In an EU context, unauthorized resellers must be distinguished from lawful parallel importers. Under the EU trademark exhaustion regime, once a trademark owner has put goods on the market in the European Economic Area (EEA), or consented to such placing, they can generally no longer rely on their trademark to control further distribution of those specific goods within the EEA. This principle is reflected in EU trademark law and in Court of Justice of the European Union (CJEU) case law on exhaustion and parallel imports.

However, trademark owners can oppose further commercialization in the EEA where there are legitimate reasons, such as when the condition of the goods is changed or impaired, or when the importer uses the mark in a way that damages its reputation (for example, low-quality repackaging or misleading marketing). Classic CJEU case law on repackaged pharmaceuticals illustrates in detail when repackaging and re-labelling may still infringe a trademark despite exhaustion.

In practice, most of the foreign brands’ problems on Romanian marketplaces fall into three categories:

Counterfeit products – non-genuine items directly infringing your trademark (classic “fake” products).
Look-alikes and unfair riders – products that imitate your packaging, getup or marketing to create confusion or association, often actionable under both trademark and unfair competition law.
Problematic (or unlawful) parallel imports – for example, products imported from outside the EEA without your consent, or genuine goods repackaged or marketed in a way that harms the brand.

To design an effective strategy for Romania, you must map your IP rights, understand the legal framework and then combine low-friction tools (like platform takedowns) with higher-impact tools (like interim court measures and customs actions).

2. Legal Framework in Romania for Foreign E-Commerce Brands

Romania’s IP and competition laws are largely aligned with the EU legal framework. For foreign e-commerce businesses, the key statutes are:

Law no. 84/1998 on Trademarks and Geographical Indications (as amended) – the main statute governing trademark protection in Romania. It implements EU trademark directives and recognizes both national trademarks and protection of EU trade marks (EUTMs) and international registrations designating Romania.
Law no. 11/1991 on the fight against unfair competition – a general statute targeting any acts contrary to fair practices in industrial and commercial activities, including parasitic competition, confusion, misleading marketing and exploitation of another trader’s reputation.
Civil Code and Civil Procedure Code – providing the general rules for civil liability, damages and procedural tools such as injunctions and interim measures.
EU customs and IP enforcement rules – including Regulation (EU) No 608/2013 on customs enforcement of IP rights and the IP Enforcement Directive, applied in Romania via Law 84/1998 and general civil procedure.

Foreign natural and legal persons with residence or place of business outside Romania enjoy the full protection of Romanian trademark law in line with international conventions. This means that a foreign brand holding an EUTM, international registration or Romanian national mark can directly rely on those rights to act against unauthorized resellers in Romania.

Romania has also modernized its trademark law in recent years to align with EU reforms, including introducing administrative procedures for cancellation and revocation before the Romanian IP Office (OSIM), with judicial review before the Bucharest Tribunal and Bucharest Court of Appeal. While these procedures mainly concern validity of marks, they show a general trend: IP disputes are increasingly structured and specialized.

As regards jurisdiction, trademark and unfair competition disputes are handled by Romanian civil courts, with many IP cases concentrated before the Bucharest Tribunal and the Bucharest Court of Appeal, which have specialized IP panels and extensive experience in handling such matters. This concentration is strategic for foreign brands: a single court system often hears both online and offline infringement cases and is familiar with EU-level IP concepts.

3. Trademark and Unfair Competition Tools

3.1. Registering and Consolidating Your Trademark Rights

Brand protection in Romania starts with ensuring your core trademarks are protected in the territory. A foreign e-commerce business has three main routes to obtain protection covering Romania: (i) national registration before OSIM, (ii) EU trade marks (EUTMs) registered with EUIPO, and (iii) international registrations designating the EU or Romania under the Madrid system.

Key practical points:

Make sure the mark you actually use online is registered – including stylized logos or product line marks that are prominent on your listings and packaging.
Cover the right classes under the Nice Classification for your products and, where relevant, services (for example, downloadable software or apps supporting your products).
Align with domain names and social handles – your core brand domain and social usernames should match the protected marks as closely as possible; this helps both in platform procedures and in court.

Having clear, current registrations is not only important for litigation, but also for platform takedown tools, which typically require an upload of registration certificates or official extracts before you can report infringing listings at scale.

3.2. Using Trademark Infringement Against Unauthorized Resellers

Once your trademark rights are in place, they can be used in Romania against several types of unauthorized resellers:

Counterfeit sellers – where products are non-genuine, there is straightforward trademark infringement. Courts can order cessation of use, removal from the market, destruction of counterfeit goods and damages, while platforms will usually react quickly to takedown requests.
Look-alikes and confusingly similar products – even if the name differs slightly, a product that imitates your getup and overall appearance can infringe your trademark (including 3D shape marks) or at least constitute unfair competition. Romanian courts have recognized protection of product form and packaging shape under trademarks in cases involving international brands.
Non-exhausted or mis-marketed parallel imports – you can oppose imports from outside the EEA when you did not consent to first placing the goods on the EEA market, or when resellers repackage, remove safety information or fail to respect regulatory requirements in a way that harms your brand.

In practice, you will usually combine trademark claims with unfair competition arguments, especially when the overall behavior of the reseller shows clear free-riding on your marketing efforts, brand reputation and selective distribution system.

3.3. Unfair Competition Actions for Free-Riding and Brand Dilution

Romania’s Law no. 11/1991 on unfair competition defines as unfair any act contrary to fair practices in industrial or commercial activity, including acts causing damage to competitors or consumers. This gives foreign brands a flexible tool to target behavior that might not fit neatly into a classic infringement box, such as:

Systematic undercutting and misleading price advertising that suggests a special relationship with the brand (“official outlet”, “directly from manufacturer”) when none exists.
Using your marketing materials, photos, or brand story in local listings without authorization, creating the impression of affiliation.
Riding on your advertising campaigns by buying search ads or using keywords with your brand name to redirect traffic to unauthorized offers.

Unfair competition claims can seek cessation of such practices, rectification of misleading statements, and compensation for damages. In multi-defendant cases (for example, several related resellers or logistics operators), unfair competition can help anchor jurisdiction and argue liability of those who knowingly facilitate the free-riding.

3.4. Contractual Tools: Selective Distribution and Online Sales Control

Many foreign brands use selective distribution systems and platform policies to preserve brand positioning and quality. While EU competition law imposes limits (for example, on absolute bans of online sales), selective distribution clauses can still be important in Romania, especially in premium sectors (cosmetics, luxury fashion, electronics, etc.).

These contractual tools are not directly enforceable against third-party unauthorized resellers with whom you have no contract. But they are valuable in two ways:

They strengthen your “legitimate reason” argument under trademark law, showing that the reseller’s manner of marketing harms your selective distribution system.
They give you strong grounds to act against leaking authorized distributors who supply products to unauthorized online sellers; once you cut the supply, enforcement against remaining resellers becomes easier.

3.5. Evidence Strategy for Trademark and Unfair Competition Claims

Trademark and unfair competition tools are only as effective as the evidence supporting them. For Romanian disputes, foreign brands should systematically collect:

Screenshots of infringing listings (full page, including URL, date, price, seller name and any misleading claims).
Test purchases with preserved invoices, order confirmations and packaging; in more serious cases, laboratory tests or technical expert reports for safety or authenticity.
Official records – trademark certificates, distribution agreements, marketing materials and evidence of reputation (awards, ad spend, sales figures, online reviews).
Digital evidence preservation – in high-value cases, consider a bailiff or notary “constatation” of online content to secure evidence before sellers can delete it.

A robust evidence file will not only convince platforms to act quickly, but also make court proceedings in Romania significantly smoother and more predictable.

4. Platform Takedown Procedures and Evidence

Before going to court, most foreign brands will first try to control unauthorized resellers through platform procedures. Romanian consumers buy heavily from eMAG Marketplace, OLX and social platforms (Facebook, Instagram, TikTok), so the quality of your brand protection here matters greatly.

4.1. eMAG Marketplace and eMAG Brand Portal

eMAG is the dominant marketplace in Romania, complemented by its regional presence. To list products on eMAG Marketplace, sellers must accept terms and conditions that explicitly require respect for intellectual property rights and other legal obligations.

For brand owners, eMAG provides the eMAG Brand Portal, a dedicated tool allowing rights holders to register their brands, upload documentation and report infringements more efficiently. Once your brand is registered, you can file complaints in a streamlined way without re-uploading documents every time, and you can monitor the status of your complaints within the portal.

Practical steps for foreign brands:

Register your trademarks in the Brand Portal, uploading certificates (Romanian, EU or international) and proof that you are the rights holder or authorized representative.
Prepare standard complaint templates describing the infringement (counterfeit, non-authorized reseller, misleading listing, etc.) and referencing your rights.
Systematically monitor eMAG listings using search terms or dedicated monitoring tools, and mass-report where possible.

eMAG also offers general contact forms where rights owners can report legal issues, including IP infringement, supported by declarations of good faith regarding the accuracy of information provided. For large brands, combining Brand Portal reporting with broader marketplace monitoring and periodic legal escalation can be very effective.

4.2. OLX and Classified Platforms

OLX is widely used in Romania for second-hand and new products, including electronics, fashion, auto parts and more. As part of the OLX Group, it has a specific counterfeit goods policy and broader terms of use applicable across its platforms. These policies underline that counterfeit goods are harmful to users and business and describe OLX’s cooperation with law enforcement and IP owners in tackling such goods.

Foreign brands can rely on:

In-platform reporting tools available on each listing, often accessible via “Report” or similar buttons.
Dedicated contact forms and support channels described in OLX’s terms of use and help pages, where you can submit legal complaints.

Given OLX’s nature as a classifieds site, sellers may be small individuals rather than professional merchants. This makes volume monitoring and pattern analysis crucial: repeated listings of many new items, same photos used across different accounts, or suspiciously low prices can indicate organized free-riders or counterfeit networks worth escalating beyond simple takedowns.

4.3. Facebook, Instagram and Meta Tools

Social media is a major entry point for unauthorized resellers and counterfeiters targeting Romanian consumers. Meta’s ecosystem (Facebook, Instagram) includes shops, Marketplace and ads, all of which can be abused to sell infringing products.

Meta’s Statement of Rights and Responsibilities does not allow posting content that infringes others’ IP rights, including trademarks. Brand owners can use several tools:

Standard IP reporting forms – online forms allowing you to report trademark and copyright infringements, used for posts, pages, Marketplace listings and ads.
Meta Brand Rights Protection and Commerce & Ads IP Tool – programs and APIs enabling rights holders to detect and report infringing content at scale across Meta’s platforms.
Instagram counterfeit report webforms – dedicated forms to report counterfeit goods and other trademark violations on Instagram.

For foreign brands with large portfolios, it is worth investing in structured participation in Meta’s brand protection programs, combined with internal or external monitoring tools that flag suspicious ads and accounts targeting Romanian audiences.

4.4. Evidence Requirements for Platform Takedowns

Although each platform has its own forms, the core evidentiary requirements are similar and align with broader EU guidance on protecting IP on marketplaces. You should prepare in advance:

Proof of IP ownership – trademark certificates, OSIM or EUIPO extracts, international registration details, license agreements (if you act as licensee).
Clear identification of infringing content – URLs of listings, screenshots, seller IDs, product names and any misleading claims.
Statement of good faith – many forms require a declaration that the information is accurate and that you have a good faith belief that the reported content is infringing, with acknowledgment of liability for false statements.
Contact details and representation – full details of your company or legal representative, including an email address that can receive follow-up questions from the platform.

For repeat infringers and organized resellers, keep an internal database of all reported accounts, listings and platform decisions. If and when you escalate to court in Romania, this history will be powerful evidence of persistent free-riding and may support claims for higher damages or stronger injunctions.

5. Court Actions and Interim Measures

Platform takedowns can drastically reduce visibility and sales of unauthorized resellers, but they do not always solve structural problems, such as leaking distribution channels, organized counterfeit networks or repeated re-listings under new accounts. In these cases, foreign brands should be prepared to escalate to Romanian courts, using both full actions on the merits and interim measures for rapid relief.

5.1. When to Go to Court in Romania

Court action is usually justified when:

High volumes or serious risk to consumer safety are involved (for example, cosmetics, electronics, food supplements or pharmaceuticals).
There is an evident organized network behind multiple accounts and platforms.
Platform measures have limited impact or infringers quickly reappear under new identities.
You need binding orders for customs, local authorities or payment providers, or a precedent with deterrent effect.

Romanian courts hear trademark and unfair competition disputes under general civil procedures, with specialized IP panels at the Bucharest Tribunal and Bucharest Court of Appeal providing experienced handling of such matters.

5.2. Types of Claims Against Unauthorized Resellers

In a typical action against unauthorized resellers, a foreign brand may combine several claims:

Trademark infringement – seeking cessation of use of the mark, removal and destruction of infringing goods, recall from the market and damages.
Unfair competition – targeting misleading marketing, parasitic behavior, confusion as to affiliation and exploitation of reputation.
Publication of the decision – in serious cases, requesting publication of the judgment at the infringer’s expense as a corrective measure.
Ancillary claims – such as disclosure of suppliers and customers, delivery of documents and accounting records, based on IP enforcement rules and civil procedure.

For foreign brands, a key strategic decision is whether to bring a test case against a particularly visible reseller, to obtain a strong precedent that can be leveraged in negotiations and in platform communications.

5.3. Interim Measures: Acting Before the Final Judgment

IP enforcement is time-sensitive. Waiting for a full judgment can take time, even in specialized courts. To bridge this gap, Romanian law, aligned with the IP Enforcement Directive, allows rights holders to request provisional measures such as:

Immediate cessation of infringing use (temporary injunction).
Seizure of suspected counterfeit goods, including those stored in warehouses or at distribution points.
Conservatory measures over evidence (for example, orders to preserve digital records, accounting data or stock inventories).

These provisional measures can be requested either before or during the main proceedings, with the rights holder required to show, among other things, the existence of an IP right, a prima facie case of infringement and the risk of irreparable harm or difficulty in enforcing rights later.

In practice, foreign brands also use the Romanian summary injunction procedure (ordonanță președințială), available under the Civil Procedure Code for urgent cases where the measure does not prejudge the merits. This can be particularly useful to obtain temporary blocks on the use of the brand in certain channels or to stop promotion campaigns around events such as Black Friday or major sales campaigns.

5.4. Evidence and Burden of Proof in Court

Courts will expect a clear, well-structured evidence file. Much of what you prepare for platform takedowns can be reused, but additional elements are often required:

Translated IP documents – for EUTMs or international registrations, provide official extracts and, where necessary, translations into Romanian.
Structured chronology – timeline of how the unauthorized reseller appeared, platform actions taken, re-listings, complaints and damages incurred (for example, price erosion, customer complaints, reputational harm).
Expert evidence – in technical sectors, expert opinions on authenticity, safety or product compliance can be critical, especially where infringers claim goods are genuine parallel imports.
Linking online identities to real entities – documentation showing how a marketplace account, domain name, payment account or social profile is connected to the legal or natural person you sue.

EU practice and Romanian appellate case law have increasingly clarified that the burden of proof regarding exhaustion and legitimate reasons may shift between parties, depending on the circumstances, particularly in parallel import cases. This makes early identification of supply chains and distribution channels strategically crucial.

5.5. Customs and Criminal Enforcement as Complementary Tools

Where unauthorized resellers rely on imports from outside the EU, customs measures become important. EU Regulation 608/2013, applicable directly in Romania, allows rights holders to file applications for customs action, enabling customs authorities to detain suspected counterfeit or otherwise infringing goods at the border.

Romania has also developed a national strategy for IP rights enforcement, emphasizing cooperation between authorities and online platforms to tackle counterfeit sales. In serious cases, especially involving health and safety risks or large-scale organized crime, criminal enforcement may be considered alongside civil measures.

6. A Practical Brand Protection Roadmap for Foreign E-Commerce Businesses

Putting all these tools together, a foreign e-commerce brand facing unauthorized resellers and free-riders in Romania can follow a structured roadmap.

6.1. Step 1 – Map Your Rights and Online Footprint

Audit your trademark portfolio and ensure coverage for core brands and key product lines in Romania (via national marks, EUTMs or international registrations).
Align domains, social handles and store names with your registered marks.
Identify key Romanian channels where you are present or where resellers appear (eMAG, OLX, Facebook / Instagram, other niche marketplaces).

6.2. Step 2 – Build Monitoring and Evidence Routines

Set up keyword and image searches on marketplaces and social platforms targeting your brand names and characteristic product shapes or packaging.
Implement regular screenshot and URL capture procedures, with centralized storage for evidence.
Define criteria for escalation (for example, number of listings, category of products, suspected counterfeits, health risks).

6.3. Step 3 – Use Platform Tools Aggressively but Strategically

Register your brand on the eMAG Brand Portal and use it as the primary channel to remove infringing listings on eMAG Marketplace.
Use in-platform reporting and OLX’s counterfeit policy framework to remove infringing or suspicious listings on OLX.
Apply Meta’s IP reporting tools and, where possible, brand protection programs to tackle infringing listings, pages and ads on Facebook and Instagram.

Document all platform interactions and outcomes; this will support future court actions, show good faith and potentially justify higher damages by demonstrating persistence of infringers.

6.4. Step 4 – Escalate to Legal Action for Persistent or High-Risk Infringers

Use cease-and-desist letters (where identification is possible) to put infringers on notice and gather additional information on supply chains.
For serious or repeated infringements, file civil actions in Romania combining trademark infringement and unfair competition claims, targeting both core operators and those who knowingly facilitate free-riding.
In urgent cases, request interim measures (including injunctions and seizure of goods) to quickly stop the most harmful acts.

Where unauthorized resellers rely on non-EEA imports, coordinate with customs enforcement and, if warranted, consider criminal complaints, especially in sectors with safety implications.

6.5. Step 5 – Close the Loop with Distribution and Internal Compliance

Finally, online enforcement should be aligned with your distribution strategy:

Audit your authorized distributors and resellers for potential leakage to unauthorized online sellers.
Strengthen contractual clauses on online sales, marketplace listings and use of brand assets, always keeping EU competition law constraints in mind.
Use Romanian case law and court precedents (once obtained) as leverage in negotiations with both resellers and platforms.

This holistic approach transforms Romania from a perceived “risk territory” into a market where your brand is proactively managed, both on and off platforms, in line with EU-level IP and competition standards.

7. Conclusion

Free-riding and unauthorized reselling are not unique to Romania, but Romania’s particular mix of a strong local marketplace, active classifieds ecosystem and dense social media usage makes it a critical jurisdiction for foreign e-commerce brands. The good news is that the Romanian legal framework – centered on Law 84/1998 on trademarks, Law 11/1991 on unfair competition and EU-aligned enforcement instruments – offers a robust toolbox, complemented by increasingly sophisticated platform procedures and national IP enforcement strategies.

By combining well-structured trademark and unfair competition tools, disciplined platform takedowns, and, where necessary, court actions and interim measures, foreign brands can effectively reduce unauthorized reselling, protect consumers and preserve the value of their investments in the Romanian market and across the EU.