“Waging the war on Counterfeits Amid a Pandemic”December 14, 2020
On December 14, 2020, Managing Intellectual Property published an article that was co-authored by Partner Benjamin Horton and Associate Kelley Gordon discussing the increase in e-commerce sales since the COVID-19 pandemic and, in turn, the rise of counterfeit sellers and products all over the globe.
"In addition to adjusting towards the e-commerce-focused landscape this year, brand owners have had the added pressure of combatting the counterfeit fallout from such a transition. While many brands are familiar with more common and traditional methods of eradicating counterfeiters, oftentimes the repetitive takedown demands to counterfeit sellers provide little, if any, relief from the number of new sellers or repeat sellers that sprout up on a daily basis," the authors explain. "Because an estimated 92% of counterfeit products are imported into the U.S. from China, Hong Kong or India, one of the most effective methods of brand protection is pursuing an exclusion order from the U.S. International Trade Commission (ITC)."
The article further outlines how brands can take advantage of Section 337 investigations to enforce patents, trademark rights, registered copyrights, trade secret misappropriation, trade dress, passing off, false advertising and antitrust claims all relating to imported goods.
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