Anti-counterfeiting

Counterfeiting is an escalating threat to brand owners in the world economy. Harness Dickey knows what it takes to defeat counterfeiters. We execute proven legal tactics and enforcement actions when it comes to worldwide brand protection. Whether our client is a small domestic company or a large international corporation, we work tirelessly to protect our client’s brands from counterfeiters.

Worldwide Anti-Counterfeiting Protection

As one example, on behalf of a client in the motorcycle apparel business, we filed a trademark infringement lawsuit in the district court where a suspected counterfeiting operation was taking place. The court ordered an immediate seizure of the counterfeited goods and issued a temporary restraining order against the counterfeiters. We worked with a local private investigator to find a storage facility where the counterfeiters held the fake goods, and, with the help of the U.S. Marshalls, seized all of the counterfeit items. The client used the resulting PR to reaffirm his commitment to ensuring customers and retail dealers would receive the genuine gear they pay for.

In another example, we represented a client who had invented a popular toy for which he also held a trademark and copyright. When he learned that Asian counterfeiters started making cheap and potentially unsafe versions of his product, he turned to Harness Dickey. We immediately reached out to U.S. Customs and Border Protection for support. Our anti-counterfeiting attorneys prepared materials to help Customs Officers identify the toy and stop any counterfeit goods from being imported into the U.S. The Harness Dickey team then sought and obtained expedited copyright registrations in Asian jurisdictions, recorded the newly procured rights with Customs Offices in Asia, and worked with local authorities and attorneys to stop the export of counterfeit goods, freeze the counterfeiters’ assets, and secure judgments again them. In effect, we put a stop to the counterfeiting at both ends — production and importation — faster than it typically takes to obtain rights in Asia. This resulted in an overall increase in the client’s sales by clearing out the “fake” competition.

As these examples demonstrate, counterfeit goods are everywhere, in both mature and emerging markets on a global scale. In view of the fact that counterfeiting is international in scope, our team has the tools to locate and aggressively go after the manufacturers and marketers of counterfeit products. We maintain a long track record of working with law enforcement agencies and investigators on an international scale.

Strategically Connected

The Internet is the catalyst for the distribution of counterfeit products. Harness Dickey is familiar with the myriad of takedown procedures, and how to use them to remove infringing material from the Internet quickly.

We work productively with U.S. and International Customs and law enforcement agencies to participate in international investigations and assist with raids on counterfeiters. We have initiated anti-counterfeiting investigations in the U.S., China, Hong Kong, Europe, South America, and India. We have long, successful relationships with global Customs and law enforcement agencies to protect our clients’ products against counterfeiters.

On behalf of our clients, we aggressively go after counterfeiters in court. We have sued many infringers and counterfeiters in the United States and have a trusted network of more than 150 law firms around the globe that help us secure judgments in foreign jurisdictions. Because of our advocacy, we consistently achieve positive financial outcomes and settlements. We are also well known for frequently reaching amicable and voluntary resolutions that do not require litigation. We take pride in quickly concluding matters in a cost efficient manner and without protracted litigation when possible.

We remain on the frontier of evolving tactics for infringement and counterfeit enforcement worldwide. Several of our attorneys are active members of the International AntiCounterfeiting Coalition (IACC) and International Trademark Association (INTA).