News & Analysis as of

Counterfeiting Customs and Border Protection

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2024 - De Minimis An Ever-Growing Problem of De Maximus Proportion

From Wikipedia: De minimis is a Latin expression meaning “pertaining to minimal things”, normally in the terms de minimis non curat praetor. (“The praetor does not concern himself with trifles”) or de minimis non curat lex...more

Foley & Lardner LLP

How Rights Owners Can Be Proactive With CBP Enforcement

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Ever since the U.S. Customs and Border Protection designated intellectual property rights, or IPRs, as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. In 2021 and 2022, CBP seized...more

Rivkin Radler LLP

Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.

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There was a time, not all that long ago, where counterfeiting of consumer goods was largely a problem afflicting high fashion designers, such as Prada, Gucci and Versace. Expensive high-end accessories such as Rolex watches,...more

AEON Law

Patent Poetry: Amazon Launches Anti-Counterfeiting Info Exchange

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Amazon.com has announced an Anti-Counterfeiting Exchange to help eliminate counterfeits across the retail industry. The program is described as “an industry collaboration designed to make it safer to shop online and more...more

Smith Gambrell Russell

ECTA Anti-Counterfeiting Committee Report October 2021 – FY 2020

Smith Gambrell Russell on

I. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. ("Nike") and Converse Inc. ("Converse") brought a trademark infringement action under the Lanham Act against...more

Smart & Biggar

How to record your brand’s rights and stop counterfeit goods at the Canadian border

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As we approach the one-year anniversary of the coming into force of the Canada-United States-Mexico Agreement (CUSMA) on July 1, 2021, we reflect on the changes that the CUSMA brought about for brand owners, particularly at...more

Snell & Wilmer

Catch Me if You Can: Counterfeit Medical Schemes Persist a Year Into the Global Coronavirus Pandemic

Snell & Wilmer on

Even before COVID-19, counterfeits within the healthcare industry and military supply chains were a significant issue. COVID-19 may only exacerbate the issue for legitimate suppliers and desperate end-users. On February 18,...more

Foley & Lardner LLP

Proposed Legislation Expands Border IP Protections

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A bipartisan group of senators introduced legislation to expand the mandate of the U.S. Customs and Border Patrol (CBP) to impound goods suspected to infringe U.S. design patent rights. Sens. Thom Tillis (R-NC), Chris Coons...more

Gibney Anthony & Flaherty, LLP

IP Enforcement in the Age of Covid-19 (An Update)

Over five months ago, we entered one of the darkest periods of recent memory. The safety of family and friends became paramount as priorities changed and numerous activities simply stopped. Our online world became our...more

Morrison & Foerster LLP

Expedited Trademark Applications For COVID-19-Related Goods And Services

Recognizing the need for companies to quickly get products to market that might help combat the COVID-19 pandemic, the United States Patent & Trademark Office is now paving the way for shorter examination timelines for...more

Akin Gump Strauss Hauer & Feld LLP

New Executive Order Targets Evasion of Customs Laws and International Posts in Light of DHS Action Plan to Combat the Rise of...

- On January 24, 2020, the DHS released a report (“DHS Report”) on the global trade in counterfeit goods, outlining a series of recommendations and actions that should be taken by CBP, ICE and the private sector to combat the...more

K2 Integrity

Deterring the Counterfeits: Finding an Antidote for Global Businesses

K2 Integrity on

When thinking of counterfeit products, minds may wander to a person on the street selling near-authentic looking bags, sunglasses, and watches, for a fraction of the price of what would be paid at a store. But what if there...more

Kelley Drye & Warren LLP

Update: White House Action Following DHS Report on Combating Counterfeit Goods

As we advised last week, the Department of Homeland Security (“DHS”) recently issued its long-awaited report to the White House, “Combating Trafficking in Counterfeit and Pirated Goods” (the “Report”). One week later, on...more

ArentFox Schiff

Trump Administration Cracks Down on Counterfeit and Other Goods Imported Contrary to Law - US Government Announces First Step in...

ArentFox Schiff on

Last week, the Trump Administration announced a plan to crack down on the sales of contraband and counterfeit goods online. The steps will affect a number of parties in the supply chain from importers and sellers to customs...more

Kelley Drye & Warren LLP

New DHS Report on Combating Counterfeit Goods Echoes Discussion at Kelley Drye’s IN FASHION Summit

At Kelley Drye’s IN FASHION Law Summit in January, one panel deliberated the current challenges of the digital marketplace. The panel discussed an executive memorandum issued by the Trump Administration that solicited...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

Bradley Arant Boult Cummings LLP

The Hobby Games Industry Needs to Up Its Game to Fight Counterfeiting - Intellectual Property News

Like many industries, the hobby games (HG) industry suffered from unprecedented counterfeiting problems in recent years. Despite steadily rising popularity, until recently HGs were not much affected by piracy and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Trademark Practice Update: Scandalous? Immoral? It's all Good

On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more

Knobbe Martens

Catching Counterfeits: Customs Recordation and IP Enforcement

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U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Best Best & Krieger LLP

Best in Law: How You Can Combat Chinese Counterfeits

Counterfeit products can create significant problems for businesses. Chinese counterfeiting costs foreign businesses billions of dollars a year in lost profits, according to an ABC News report last year. Counterfeiting...more

Dickinson Wright

Canada Acts To Prevent Importation of Counterfeit Goods into Canada

Dickinson Wright on

Canada has introduced enhanced border control measures to prevent counterfeit and copyright-infringing goods from being imported into and exported from Canada. Under the previous regime, a rights-holder had to obtain a court...more

Miles & Stockbridge P.C.

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods: Part 2 of 2

Part 1 of this blog discussed the advantages of a proactive and integrated IP protection strategy. Here, in Part 2, we address the benefits and weaknesses of the various IP protections and provide one example of a cohesive...more

Miles & Stockbridge P.C.

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods (Part 1)

Miles & Stockbridge P.C. on

In today’s world of rapidly changing products, as well as what seems to be an ever increasing number of ways to produce counterfeit and/or infringing products, manufacturers need to be proactive in preventing and stopping...more

McDermott Will & Emery

CBP Expands Information Sharing Procedures to Help Detect Counterfeit Merchandise

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Effective October 19, 2015, U.S. Customs and Border Protection (CBP) implemented a final rule expanding CBP’s information sharing procedures with importers and trademark owners with respect to merchandise suspected of bearing...more

Holland & Knight LLP

CBP Offers IP Owners Better Tools for Combating International Counterfeits

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Next month, intellectual property owners will have the benefit of a permanent federal rule that provides for the disclosure of information essential to blocking counterfeit goods from invading the domestic market. The rule,...more

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