There is no one size fits all approach to protect against counterfeiting. However, there are three general truisms:
1. Brands are generally prime targets for counterfeiting after they gain some financial success and recognition.
2. Counterfeiting schemes are generally sophisticated and multi-national.
3. It is difficult to enforce against counterfeiters without taking the basic steps to protect trademarks, trade dress, and copyright before the counterfeiting occurs.
We have been successful in using various investigation, U.S. and cross-border strategies, to enforce our clients’ intellectual property (IP) rights. We have built large networks of similarly situated international IP counsel through our membership in IR Global and the International Trademark Association. We consistently study enforcement policies of various web marketplace including Amazon, eBay, Walmart, and Etsy.
When to seize counterfeit goods?
- Location of the counterfeit goods is known.
- The seized goods will be proof there is, in fact, trademark infringement.
- Necessary legal orders are obtained.
- Knowledge of the specific time period the seizure will occur.
- Seizure is not publicized.
- Harm to trademark holder is greater than the harm to the counterfeiter.
- Trademark holder will be immediately harmed without seizure.
- Security obtained to cover possible damages the other party may suffer.
Why Work with EmergeCounsel?
Skilled trademark attorneys can assist you through the complicated processes and standards for preventing counterfeiting and ultimately seizing counterfeit goods. There are many anti-pircat and anti-counterfeiting laws in place and it can carry fines of up to $5 million and prison time of up to 20 years. EmergeCounsel is skilled in handling counterfeiting related issues and can work with a business of any size to make sure proper protections are in place and that action is taken when needed.
We bring together expert legal experience and technical knowledge to address client challenges brought on by counterfeiters.