INTELLECTUAL PROPERTY BLOG
We have repeatedly warned a counterfeiter to stop using our trademark but they will not. What can we do to get counterfeiters prosecuted?
We have repeatedly warned a counterfeiter to stop using our trademark but they will not. What can we do to get counterfeiters prosecuted?
Another aspect of Continental Enterprises’ (“Continental”) work involves coordinating with domestic and foreign law enforcement for the criminal prosecution of intellectual property (“IP”) infringers. We work closely with U.S. Customs, the IRS, USPS, FBI, and other agencies. We also utilize the resources of state attorneys general, county prosecutors, and state and local police agencies to rapidly initiate criminal investigations when time is of the essence.
Civil enforcement is largely ineffective when confronting organized crime or when infringers are likely to destroy records documenting their illegal activities. In addition, the consequence for counterfeiting can include significant fines, jail time or state seizure of business assets and sends a strong message.
Criminal prosecution can be a powerful tool in controlling infringers who are seemingly immune to civil remedies. Placing a criminal’s personal freedom and financial security in jeopardy is historically one of the most effective ways to get their attention. Continental has extensive experience in conducting criminal investigations to effectively address the more egregious counterfeiters and infringers. When the best course of action is to be aggressive, let us do it for you.