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Counteract Counterfeits

By: Rick Van Arnam, Esq.
Posted: August 26, 2008, from the October 2007 issue of GCI Magazine.

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6. On your Web site, allow your customers to report potential counterfeit products they have purchased and to report instances where they have come across bogus products for sale, be it on the Web, the street or in a store.

7. Work with trade associations and competitors to combine resources.

Law enforcement might get more involved if several companies present a united front.

8. Be aggressive with the law.

While litigation can be expensive and time-consuming when compared to the prevention steps mentioned above, many remedies exist, in both civil and criminal law, at the federal and state court levels. Under the right circumstances, these remedies can be effective. At a minimum, always send cease and desist letters.

Governments are working together on the international level to convince countries that are lax on intellectual property rights enforcement that stamping out counterfeiting is in the best interest of all nations. In addition to supporting criminal and terrorist activities in those countries, counterfeiting endangers consumer health and safety, diminishes tax revenues and discourages foreign investment.

Rick Van Arnam, Esq. is a partner of Barnes, Richardson & Colburn. The firm has specialized in global trade law for nearly nine decades and serves clients around the world. For more information, visit www.barnesrichardson.com or call 1-212-725-0200.