USTR Launches 2025 "Notorious Markets" Review – Comments Due 1 October 2025

The Office of the United States Trade Representative ("USTR") has opened its annual "Notorious Markets" review and is seeking public input on online and physical venues that allegedly traffic in large-scale trademark counterfeiting or copyright piracy. Stakeholders that rely on intellectual property, including sports leagues, broadcasters, streaming platforms, consumer-product companies and brand owners, should consider whether to file information identifying problematic marketplaces or to respond to allegations involving their own businesses.

USTR's request for comments, published in the Federal Register, invites detailed submissions that describe how a particular market facilitates infringement, the extent of economic harm, enforcement efforts undertaken to date and any measures adopted by the market's operators to curb illicit activity. The agency's findings inform the United States' international enforcement actions. Inclusion on the list can produce significant reputational and operational consequences for a named market, while well-substantiated submissions can influence global policy discussions about intermediary liability, site-blocking and border-enforcement measures.

USTR has signaled that the "issue focus" for the 2025 List will be copyright piracy of live sports broadcasts. Rights holders that experience unauthorized streaming of live events have an opportunity to place those concerns squarely before the U.S. government. Evidence that a platform monetizes illegal streams through advertising, subscriptions or data-harvesting, or that piracy has shifted to new technical architectures (e.g., illicit IPTV, social-media live feeds, or decentralized streaming) will be particularly relevant.

Deadlines for the notorious markets process are quite tight: written comments must be filed by 1 October 2025, and rebuttal comments are due by 15 October 2025. In principle, all comments will be published by USTR, however, it is possible to protect business confidential information from publication.

Companies that believe they have been harmed by large-scale counterfeiting or piracy—or that operate platforms potentially at risk of being named—should begin gathering evidence now. Useful documentation may include takedown notices, cease-and-desist correspondence, sales or traffic analytics, consumer-safety reports and information on any enforcement actions or cooperation initiatives with rights holders or law enforcement. USTR weighs both quantitative data and qualitative context. This means that a well-prepared narrative explaining the negative impact of a given market's conduct can be persuasive.

Foley Hoag lawyers have experience preparing Notorious Markets submissions, navigating Business Confidential requirements and coordinating responses with industry coalitions. We can also assist clients that have been identified in past reviews in developing remediation plans and engaging constructively with USTR and other regulators. Please contact a member of our IP or international trade teams as soon as possible if you wish to comment.

The full notice from the Federal Register is here.