Topic: Counterfeiting

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Making us safer, through Brand Protection

What does brand protection have to do with cybersecurity? A study earlier this year demonstrates the connection. The study reviewed domain names for 11 major industrial control system (ICS) vendors.  ICS vendors provide, among other things, supervisory control and data acquisition (SCADA) systems, used in power plants and oil and gas refining.  In other words, these … Continue reading

CPB expands information sharing to address counterfeit imports

On September 18, 2015, U.S. Customs and Border Protection (“CBP”) published a final rule that allows for increased information sharing between CBP and trademark owners in cases of importation of merchandise suspected of bearing counterfeit marks. The new rule, which went into effect October 19, 2016, allows CBP to release information to mark owners that … Continue reading

Legal Update: Online sales of counterfeit sports apparel

Following on the heels of action by professional and collegiate sports organizations to stop online sales of counterfeit sports apparel, sporting good giants Adidas and Reebok have now brought suit against nearly 50 defendants they accuse of cybersquatting and/or fraudulently registering Internet domain names referencing their trademarks to facilitate the sale of counterfeit apparel. Adidas … Continue reading

It’s a counterfeit holiday time of year

With the holiday shopping season in full swing, the National Basketball Association, Major League Baseball and the National Hockey League have once again joined as plaintiffs in a civil action aimed at counterfeiters seeking to take advantage of the heightened demand for sports apparel. On December 12, 2013, the three professional sports organizations filed a … Continue reading

Trade mark licensee requests bank to disclose identity of counterfeiter following trap purchase from eBay

The German Federal Court (Bundesgerictshof) asked the European Court of Justice (CJEU) if a bank could withhold a customer’s information under banking confidentiality rules, where that customer had infringed trade mark law. See Beschluss des I. Zivilsenats vom 17.10.2013 – I ZR 51/12 Ruling. The “Davidoff Hot Water” trade mark licence holder tried to track … Continue reading

Canadian Online Pharmacy Enjoined from Selling Indian Generics to US Customers

Global Pharmacy Canada (“GPC”) is an online prescription drug retailer that sells drugs sourced in India to customers in the United States. GPC is a Belize company, but has a contractual agreement with an Ontario corporation located in Mississauga, RX Processing Services Inc. (“RXP Ontario”), which takes customer orders, processes payments for drugs, and ensures … Continue reading

Canada Gets Real: Serious Action on Counterfeits and Trade-mark Amendments

The Brand Protection Blog welcomes its first Norton Rose contributor, Mr. Brian W. Gray, Senior Partner, Lawyer, Patent Agent, Trade-mark Agent for Norton Rose Canada. Fulbright & Jaworski L.L.P. will join forces with Norton Rose on June 1, 2013, offering significant depth of experience across Africa, Asia, Australia, Canada, Central Asia, Europe, Latin America, the … Continue reading

Big Score for NFL Brand Owners: U.S. Seizes Fake NFL Merchandise and Websites Before Super Bowl

“Operation Red Zone” may sound like something from an NFL team playbook, but on January 31, 2013, the results of this sting operation were announced by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, which teamed up with the NFL, the U.S. Customs and Border Protection, the U.S. Postal Inspection Service, PayPal, and … Continue reading

Cyber Monday is a "Banner" Day for 132 Sites Selling Counterfeit Goods

Brand owners look forward to Cyber Monday with high hopes of strong online sales. Cyber Monday can also be extremely lucrative for counterfeiters. This year, however, dozens of counterfeiters received an unwelcome surprise. The Homeland Security Investigations (HIS) directorate of the U.S. Immigration and Customs Enforcement (“ICE”) agency, worked with the European Police Office (Europol), … Continue reading

International AntiCounterfeiting Coalition Reaches Chinese Counterfeiting Agreements

In an important development, the International AntiCounterfeiting Coalition (“IACC”) announced that it has reached agreements with two major online platforms in China, Taobao Marketplace and DHgate, to fight online counterfeit goods. The agreements envision cooperation to develop best practices to deal with online counterfeits, use suitable technologies and develop educational materials for buyers and sellers. … Continue reading

Panama 2012 IP Crime Conference

The International Law Enforcement IP Crime Conference will take place September 11-13 in Panama City.  This is an unusual program co-hosted by INTERPOLand the Policía Nacional de Panamáin partnership with Underwriters Laboratories. Following several years of successful programs in Canada, Spain and Hong Kong, this year’s program moves to Panama with a theme of “East … Continue reading

Copyright – Customs and Border Protection – Lego v Best-Lock

When a trademark owner registers its marks with the U.S. Customs and Border Protection (CBP), CBP may seize imported counterfeits based on trademark claims. CBP may also seize shipments from abroad based upon copyright infringement. See 19 C.F.R. §§ 133.41-46. As stated by CBP, “In regard to copyright infringement, articles that are determined by CBP … Continue reading

Anti-counterfeiting legislation enacted

To combat the continuing problem brand owners and the public have with counterfeit trademarks, Congress has enacted two new pieces of legislation. First, the National Defense Authorization Act (“NDAA”) was signed in December 2011 and went into effect earlier this year. The NDAA increased penalties for counterfeits found in the military supply chain. Second, on July … Continue reading

Addressing rogue websites

As eCommerce accounts for an ever-growing share of retail sales, rogue websites have become a special concern for brand owners seeking to protect their valuable intellectual property from counterfeiters and others seeking a “free ride” on the brand’s goodwill. Just last week, the Department of Justice announced that a man had plead guilty to selling more … Continue reading
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