Anti-counterfeiting is one of our greatest strengths. Gibney is an established leader in protecting its clients’ trademarks against the manufacture and distribution of counterfeit and pirated goods. Our attorneys serve as board and committee members of the International Anti-Counterfeiting Coalition (IACC), the IACC Foundation and the International Trademark Association (INTA), and have co-authored and edited leading treatises on trademark and anti-counterfeiting, such as Trademark Counterfeiting, published by Aspen Law and Business. Our intellectual property attorneys are often asked to moderate or lecture for trade associations, law enforcement groups and intellectual property forums on topics such as federal and state intellectual property laws, the identification of counterfeit merchandise and emerging issues in the protection of intellectual property on the Internet. Gibney stays active and involved in order to expand its international networks, remain current on all matters of global intellectual property concern and keep track of what other countries are doing in the fight against counterfeiting. Please see our Educational Articles, Speeches and Presentations section.
Gibney was among the first law firms in the U.S. to develop a program to protect and enforce intellectual property rights on the Internet. We have been featured on 20/20, CBS News, ABC News, and in Women’s Wear Daily and other publications due to our progressive efforts in the fight against counterfeiting and our worldwide knowledge and expertise.
We have significant experience working with luxury brand owners in the business of selling luxury goods such as watches, jewelry, handbags, etc., as well as designer goods, fashion and spots entertainment companies. No matter the type of enforcement that takes place, we design and implement tailored programs revolving around our clients’ needs, goals and budgets.
Gibney provides a wide range of trademark enforcement and protection, including the implementation of anti-counterfeiting enforcement. Gibney works with private investigators around the U.S. to enforce clients’ trademark rights whether in the physical world or on the Internet. Gibney developed an experienced Internet Research Team, trained specifically in the recognition and identification of our clients’ marks as well as counterfeits of those marks. The team monitors auction sites as well as free standing websites and use the latest technology and algorithms in their searches for products bearing counterfeit trademarks.
As mentioned above, and as a crucial part of our anti-counterfeiting program, our Internet Research Team surveys the Internet searching for cybersquatters and infringing postings on independent websites and auction sites. After identifying counterfeiting and infringing products, our team removes the violating content and works with private investigators around the country to locate infringers. We not only seek the immediate removal of auction listings and/or domain name transfers to our clients, but demand restitution payments to offset our clients’ costs of enforcement. We report tens of thousands of trademark counterfeiting and copyright infringement matters per year to domain name registrars and auctions websites and collect restitution on behalf of several brand owner clients.
Brick and Mortar Enforcement
Another critical part of our anti-counterfeiting program focuses upon civil seizures. Throughout New York City, our clients participate in civil seizures. Gibney obtains ex parte seizure orders, and then, along with private investigators, methodically disperse throughout the city and seize infringing goods being sold on city streets and store booths. The timing and quantity of seizures vary due to our clients’ specifications, time of year, volume of merchandise in the market and locations. We conduct multi-client and individual client seizures depending on the client’s objectives and budget.
Education is another critical component to counterfeit prevention. Gibney is strongly committed to educating as many groups as possible on anti-counterfeiting measures, the dangers of counterfeiting to consumers, the harms of counterfeiting to the U.S. and global economies, as well as training in counterfeit identification and the steps to reporting illegal goods. Gibney has a long history in anti-counterfeiting and much expertise in the identification of merchandise bearing conterfeit trademarks. Gibney has established relationships with federal, state and local law enforcement agencies and work with these groups to implement procedures that combat counterfeiters. Gibney’s attorneys are also involved in local education projects at colleges where they lecture on counterfeiting and what students can do to raise public awareness of this crime.
Training Federal and State Law Enforcement
Our attorneys have organized and conducted anti-counterfeiting training programs for Customs Boarder Protection (CBP), Immigration Customs Enforcement (ICE) and the Federal Bureau of Investigation (FBI) in the U.S. Our attorneys also travel the country, working closely with local law enforcement in the same training capacity. Various training materials to government and local official are distributed in order to provide a complete and comprehensive training package. Training materials include counterfeiting guides such as the IACC Foundation Training CD. Gibney actively partakes in the prevention of importation of gray market goods on behalf of U.S. trademark and copyright owners. We are always kept abreast of any federal investigations involving our clients’ trademarks and many times receive restitution from the prosecuted counterfeiters.