Maintaining brand reputation and product integrity is of utmost importance to businesses globally. Unfortunately, the World Wide Web is flooded with counterfeit goods – the economic impact of which can be detrimental to brands. Fake products not only pose safety and health risks to consumers, but can also eat into your brand reputation and revenues. Protect your brand and address the challenges of counterfeiting with the US trademark law.
‘Trademark counterfeiting’ has become endemic on the Internet today, threatening manufacturers, brands, and retailers. The 15 USC §1127 defines trademark counterfeiting as an act of manufacturing or selling a product under a trademark that is a deliberate copy of your genuine trademark. Even if the counterfeiters do not use the trademark as it is, any fake product tends to infringe on your patent rights and trade dress. This is where US trademark law protects your brand.
This is because there is an intentional effort to copy your product’s “protected” appearance, construction, and details to mislead consumers regarding the original source of the product. If such counterfeit product poses threat to public safety, anyone who produces and distributes it will be liable under tort law. Even retailers may be held liable for selling poor quality, fraudulent products even they did not manufacture the same. Only a proficient intellectual property lawyer can protect your brand reputation by implementing the trademark law the correct way.
They have the expertise and in-depth knowledge of the US trademark law, and can leverage the right strategies to safeguard your brand and business from counterfeiting that can even lead to district court and International Trade Commission litigation.
Get Global IP Protection With US Trademark Law
To prevent others from manufacturing or using your products without permission, make sure to secure your Intellectual Property right – a trademark, copyright, or patent. Most importantly, register the IP in other countries as well where counterfeit products may originate.
According to a report, approximately 86% of counterfeit goods are exported from Hong Kong and China. So, if your trademark rights or patents do not secure your brand/business globally, it may not prevent fake producers in other countries from duplicating your product and using your trademark illegally. This is why US trademark law holds great importance.
Harness the Power of Technology
Monitoring counterfeiting on a global scale is virtually impossible. Using cutting-edge technology can help identify specific markets that are major contributors of fake products and supply these worldwide. By identifying these markets, and specifically wholesale manufacturers of counterfeit products, you can implement your intellectual property rights and get recovery for your damages.
In one instance, premium brand Cartier received $18 million in statutory damages against a willful counterfeiting enterprise. Advanced technology and allocating resources aid in better monitoring of the market. Technology also allows you to use distinctive packaging or patterns that are unique to your brand, and can only be detected with a special device.
You can also add nano-optic images to the product or use various high-tech solutions that allow authenticating your goods and identifying counterfeits. Using these practices will further help reinforce your US trademark law rights.
Hire an Intellectual Property Lawyer
Navigating the complexities of Intellectual Property Rights can be intimidating for many brands, manufacturers, and retailers. Only a proficient IP attorney can understand your infringement issues and provide advice on the laws that can help protect your rights and get you adequately compensated for your damages. They have in-depth knowledge of all trademark laws including US trademark law and can implement the right strategies to address counterfeiting.
An Intellectual Property lawyer offers a full spectrum of services, including filing your trademark application, transaction, and litigation. They can assist you in creating strategic business deal terms and fundamentals, as well as provide consultation on matters like IP licensing, warranties, and transfer. Having vast industry experience, they also have expertise in brand consultation, copyright and trademark prosecution, arbitration, and litigation.
Onal Gallant and Partners PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice in a large variety of subjects ranging from forming a corporation, and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant and Partners PC are ready to help and respond to all of your inquiries.
The information and opinions provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only and may not constitute the most up-to-date legal information.