Anti-Counterfeiting

 

ERA recognizes the grave threat that counterfeiting activity poses to direct response advertisers and product marketers, and is committed to giving you the tools to combat this global problem. Within these pages, you will find a wealth of resources, including recent news, articles, online tools and more, all dedicated to helping you and your business identify and prevent counterfeit activity.

Counterfeiting Program Procedures and Policies

Latest Headlines

Newsletter

Quarterly insights into anti-counterfeiting law - provided by Venable LLP  – Click to download

Recent Articles

How to Obtain Border Enforcement Assistance to Protect Intellectual Property Rights. Read More

Chinese Man Sentenced to Thirty Months in Federal Prison for Shipping Counterfeit Cisco Parts to the U.S. by the United States Department of Justice Cybercrimes Division Read More

Second Circuit Issues Landmark Opinion Concerning eBay’s Secondary Liability for its Counterfeiting Third Party Users Read More

Resources

ERA is committed to providing your organization with the information necessary to fight counterfeiting. On this page, you will find a host of anti-counterfeiting resources, including links to legal resources, relevant United States government offices, and international organizations.

Legal Resources

  • Venable LLP is an AmLaw 100 law firm with more than 500 attorneys in offices across the U.S. The firm's IP Litigation team has over 35 years of experience fighting counterfeiting and piracy. Venable can help your organization create an anti-counterfeiting program that is customized to the unique aspects of your business.
  • Manhattan Advertising & Media Law is a firm specializing in all aspects of advertising law. The firm focuses on providing clients with custom tailored strategies that maximize the client's freedom to be creative.

United States Government Resources

Customs and Border Protection Trade Division: The U.S. Customs and Border Protection (CBP) facilitates over $1 trillion worth of legitimate trade per year, and enforces U.S. trade laws to protect the U.S. economy and businesses. Visit their website to access a number of resources regarding their trade enforcement programs.

Office of the United States Trade Representative: The Office of the U.S. Trade Representative (USTR) oversees the development and coordination of international trade. Access their website to obtain information regarding the USTR’s Office of Intellectual Property and Innovation, which utilizes various trade tools to promote strong intellectual property rights, as well as information about the status of the Anti-Counterfeiting Trade Agreement, which is still under negotiation.

The United States Chamber of Commerce’s Global Intellectual Property Center: The Global Intellectual Property Center advocates to strengthen the protection and enforcement of IP rights in the United States and abroad, as well as to raise awareness of critical IP issues. Visit their website to access a wealth of resources, programs and information dedicated to IP protection and anti-counterfeiting issues.

 Immigration and Customs Enforcement (ICE) is the Enforcement arm of US Customs and Border Protection.  The "coordination center" explores intellectual property rights issues.  The "IPR Center" introduces a valid interagency forum for combating IP violations and counterfeiting.

 U.S. Patent and Trademark Office:  is the Federal Agency that grants U.S. patents and registers trademarks.  

International Resources

Business Action to Stop Counterfeiting and Piracy, an Initiative by the International Chamber of Commerce and the World Business Organization:

International Anti-Counterfeiting Coalition (IACC): The International Anti-Counterfeiting Coalition exists to combat counterfeiting and piracy by promoting laws, regulations and directives designed to render the theft of intellectual property undesirable and unprofitable.

World Intellectual Property Organization (WIPO): The World Intellectual Property Organization is a United Nations agency dedicated to promoting the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations.

WIPO Directory of Intellectual Property Offices: Alphabetical listing of World Intellectual Property Offices.

Quality Brands Protection Committee China:  Works with China's Central & Local Governments, local industry and other organizations to make positive contributions to intellectual property rights.  

EU Patent Office: EPO provides a uniform application procedure for inventors and companies seeking patent protection in up to 40 European countries.  

Japan Patent Office: The primary function of the Japan Patent Office (JPO) include granting adequate rights for patents, drafting plans for IP policies, international exchange and cooperation, review systems and the dissemination of information on IP.

India Controller General of Patents Designs & Trademarks:  Resource includes Patents, Designs and Trademark issues for those doing business in India.  

Other Resources

Alibaba.com:  Link to Alibaba's intellectual property rights page where unauthorized use of trademark, logo or promotion of counterfeit goods can be reported.  

Google AdWords:  Counterfeit Goods Complaints:  Google prohibits the sale or promotion of counterfeit goods.  Counterfeit goods contain a trademark or logo that is identical to or substantially similar to the trademark of another. 

eBay VeRO Program:  Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed by listings or items sold on eBay may participate in the VeRO Program.  

iOffer:  iOffer may, in appropriate circumstances and at its discretion, cancel listings and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

Yahoo! Copyright & IP:  At Yahoo!'s discretion, in the appropriate circumstances, its policy is to disable and/or terminate accounts of users who may infringe or repeatedly infringe on copyrights or intellectual property rights of others.   

Bing:  Notice and procedure link for making claims of copyright infringement on Bing.com.  

White Papers and Guides

 What is US Patent and How Do I Obtain One?: Michael Sartori explains how to obtain a US patent and what benefits a patent can provide. He also reviews the different patent options availble to you. Provided by Venable LLP.

Greg Sater analyzes Trademark Infringement in Search. Provided by Rutter Hobbs Davidoff.  

John Hendrickson of Manhattan Advertising Media Law gives instructions on how to provide IP infringement notice to Alibaba and eBay.  Provided by Manhattan Advertising Media Law.  

Greg Sater reviews recent litigation on copyright enforcement. Provided by Rutter Hobbs Davidoff.

Greg Sater explains the negative consequences for ERA members engaged in counterfeiting.   Provided by Rutter Hobbs Davidoff.

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