What is Counterfeit Enforcement?
Counterfeiting is when consumer goods are made to resemble authentic products but they’re not genuine. They can be manufactured, imported/exported, or sold as legitimate products, creating brand confusion and loss of integrity.
Online, counterfeit goods are easier to sell anonymously, which is why it’s important to stop these illegal activities.
Counterfeit enforcement is the process of preventing counterfeits and maintaining a company’s intellectual property (IP) rights and brand reputation.
Read the rest of this article to learn more about counterfeit enforcement, what enforcement channels are available, and what steps you can take to protect your brand against counterfeits.
What are Key Enforcement Agencies?
There are some common counterfeit enforcement agencies and channels to know about. These include:
- U.S. Customs and Border Protection (CBP). This serves to stop counterfeits at the border by detaining and seizing imported goods that are violating U.S. copyrights or trademarks.
- Federal Bureau of Investigation (FBI). This agency investigates organized counterfeit operations, specifically those that put people’s health and safety in danger. A prime example includes counterfeit pharmaceutical goods.
- Consumer Product Safety Commission (CPSC). This agency investigates unsafe consumer goods. They can recall goods and impose penalties, as well as take counterfeit action against companies responsible for dangerous goods.
How Can You Protect Yourself Against Counterfeits?
There are important things you can do to protect yourself and your business against counterfeit goods.
Register Your Trademarks
You want to register all trademarks, logos, and slogans associated with your brand with the U.S. Patent and Trademark Office (USPTO) as this gives you legal protection against infringements or people who try to copy your goods. Make sure that you keep all trademarks updated for the highest level of protection.
Record Trademarks with the U.S. Customs and Border Protection (CBP)
Once you’ve registered your trademark and patents, you should record them with the CBP so that you increase your protection at the U.S. border. The CBP will detain and seize counterfeit goods.
Use Online Platform Tools
E-commerce platforms like Amazon and eBay provide tools to help brands protect themselves. An example is Amazon Brand Registry, which can detect and report IP infringements. This blocks violations before they can negatively affect your brand or customers.
Conduct Private Investigations
As a business owner, you could purchase suspected fake products and test them to see if they’re counterfeits. This can also help you to gather evidence of the damages.
Use Authentication Details
You can add secret details to your authentic products that counterfeiters won’t know about to protect them. An example is printing a secret code on the product.
You should also make use of brand authentication technology, such as QR codes and holograms, that let your customers verify their authentic purchases.
What Are Common Legal Measures for Counterfeit Enforcement?
There are various legal processes you can use to deal with counterfeits that threaten your brand. These include the following:
- Cease and desist letters. A lawyer can draft a cease and desist letter, a formal warning to the offending party to stop their activities. If they don’t stop, you can take legal action against them.
- Lawsuits. As a business owner, you can file a lawsuit against the offending party for infringement.
- Takedowns. This involves contacting domain registrars or website operators to remove websites selling fake products. A lawyer can draft a takedown notice for you.
- Criminal charges. If you’re dealing with organized counterfeiting, you can consult law enforcement agencies such as the FBI to pursue criminal charges.
How Can a Lawyer Help with Counterfeit Enforcement?
Although you don’t always need to hire a lawyer to help you with counterfeit enforcement to protect your brand, it can help you, especially if you’re dealing with significant damages or your attempts haven’t worked.
Here’s a rundown of some tasks a lawyer can do for you:
- A lawyer will protect your IP rights, such as for patents and trade dress, by checking if third parties are violating them.
- They’ll investigate counterfeit activity by gathering evidence from retailers, online marketplaces, and other sources.
- They’ll work with enforcement agencies and investigators to document any violations that strengthen your legal standing.
- They’ll draft and submit cease and desist letters to stop offending parties from copying your goods.
- They’ll help you with filing complaints in court.
- They’ll help you pursue remedies for damages, such as monetary compensation.
- They’ll advise you on the best strategies to protect your goods and IP against counterfeits, such as training your company employees to reduce risks.
Where to Find a Lawyer for Counterfeit Enforcement
If you need legal guidance for counterfeit enforcement, you might wonder where to find the best lawyer who can assist you. The process of hiring a lawyer is easy on online legal platforms like ContractsCounsel.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of vetted, experienced lawyers. All lawyers on the platform have worked with clients on counterfeit enforcement processes.
You can search for lawyers according to factors such as their location, years of experience, and expertise.
If you want to hire a lawyer to draft or review documents you need, such as cease and desist letters, you can request this service on the ContractsCounsel platform. Here are the steps to follow:
1. Visit the ContractsCounsel marketplace, where you can post your project for free. Include a few details about the project, such as the counterfeit enforcement issue you’re dealing with.
2. Wait for lawyer bids. Instead of having to find lawyers yourself, you’ll receive multiple bids from lawyers on the platform.
3. Once you receive lawyer bids, review the lawyers' profiles. The platform provides useful lawyer information, such as location, client ratings, years of experience, and field of expertise.
4. Connect with a lawyer you think is best suited to your requirements and hire them to draft or review your documents.
