Intellectual Property Partner Angelo Mazza will speak at the EUROPOL IP Crime Conference in Lisbon, Portugal on October 26. His panel is titled “US Based, International Impact: Combatting Counterfeit Goods Posing a Threat to Health & Safety”.
This conference is designed law enforcement and private sector brand protection representatives to gain insight into issues surrounding counterfeit goods that pose significant risks to health, safety, and the environment. A specific focus will be placed on the role of advanced technology in combating Intellectual Property (IP) Crime. This event will provides attendee with the unique opportunity to engage in discussions and knowledge-sharing with experts from law enforcement and the private sector, facilitating the exchange of experiences and best practices.
On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in modified form for the third time—it was introduced first in 2020, and again in 2021.
The bill, if passed, would: (1) modify the Trademark Act of 1946 to establish contributory liability for e-commerce platforms when a third party lists counterfeit goods; (2) require brand owners to provide platforms with advance notice of their trademarks so that they can proactively prevent sales; and (3) provide safe harbor for platforms that vet sellers to ensure legitimate and proactively take down counterfeit listings.
The SHOP SAFE Act would transform the current landscape of contributory liability claims against e-commerce platforms, and would undermine the landmark case Tiffany v. eBay, which established that, under certain circumstances, online marketplaces cannot be held liable for third-party listings offering counterfeit goods.
Gibney will continue to monitor developments. For questions, please contact firstname.lastname@example.org.
Podcast Anyone? While participating at the CCROC Conference last month, IP Partner Angelo Mazza was a featured guest on the The Protectors Podcast presented by the International Association of Financial Crimes Investigators (IAFCI) for the episode: A Pirate’s Ransom: The Battle Against Intellectual Property Theft. Angelo joined hosts Mike and Mark to discuss intellectual property crimes and scams, and how to protect a brand’s most valuable IP assets.
According to the Commission on the Theft of American Intellectual Property, the theft of trade secrets costs the U.S. between $180 billion and $540 billion annually. And with advanced technology and the Internet, stealing intellectual property has become easier than ever before. Intellectual Property, or IP, can be movies, music, content on the web, software, patents, and more.
Today’s episode of The Protectors Podcast is brought to you from the 2023 CCROC Conference in Chicago, IL. Mike and Mark sit down with Attorney Angelo Mazza. Angelo is an expert in the field of Intellectual Property Theft, with over three decades of experience battling the ever-evolving challenges that artists, inventors, and creators face. As a legal expert, lecturer, and advocate, Angelo has been at the forefront of protecting intellectual property rights, ensuring that the creative minds behind innovations and artistic works receive the recognition and compensation they deserve.
Whether you’re an aspiring artist, a tech entrepreneur, or simply curious about the evolving landscape of intellectual property, our podcast will provide you with the knowledge and insights to navigate this intricate terrain.
The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior update for more details on the Act requirements.
Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – or the INFORM Consumers Act. To combat against online counterfeiting, the goal of the Act is to add more transparency to online transactions and deter criminals from acquiring stolen, counterfeit, or unsafe items and selling them through online marketplaces.
INFORM Consumers Act Guidelines
Under the new law, online marketplaces where high-volume third party sellers offer new or unused consumer products must:
- Collect, verify, and disclose certain information about those sellers
- Suspend high-volume non-compliant third party sellers
- Provide a clear reporting mechanism for consumers to report suspicious conduct
What are the penalties for violations?
A violation of the law is treated as a violation of an FTC rule and can result in civil penalties of $50,120 per violation. The statute also gives enforcement authority to State Attorneys General and other officials authorized by the State to file an action in federal court to enjoin further law violation, seek civil penalties, and obtain damages.
How Businesses Can Prepare
- Review read the new business guide to determine if you are covered by the statute
- Review and implement privacy and security safeguards
- Update their Terms and Conditions
- Consult with an IP Attorney to ensure compliance
For questions or more information, email email@example.com.
On April 20, 2023 Amazon launched the Anti-Counterfeiting Exchange (ACX) to combat the sale of counterfeit goods on its platform and make it safer for consumers to shop online.
What is the Anti-Counterfeiting Exchange (ACX)?
The program will allow participating stores and marketplace sellers to share information about confirmed counterfeiters who attempt to sell counterfeit products. In accordance with industry standards and best practices, an independent third party provides anonymized data and access for participants to share and receive information. Retailers can then make their own independent decisions about whether and how to use the information. Amazon has indicated that they have already detected hundreds of counterfeiters through the exchange.
The initiative has received support from the National Intellectual Property Rights Coordination Center and the Center for Data Innovation.
Amazon has indicated that it is working with other members of ACX to pilot the exchange and that it invites other retailers and marketplace service providers to join the Anti-Counterfeiting Exchange and collaborate on the retail industry’s collective efforts against counterfeiters.
Tracking Amazon’s Ongoing Anticounterfeiting Efforts
ACX is partner of a larger effort by Amazon in recent years to combat anticounterfeiting. In 2020, Amazon unveiled its Counterfeit Crimes Unit, a global, multi-disciplinary team of former federal prosecutors, experienced investigators and data analysts. The role of the Unit is to investigate counterfeiters on the platform, more effectively pursue civil litigation against counterfeiters, work with brands in joint or independent investigations; and aid law enforcement in criminal actions against counterfeiters. In March 2019 Amazon launched Project Zero to detect fake products before they are purchased.
More information on becoming a member of ACX is available here.
Gibney will continue to monitor this initiative. For questions, please contact John Macaluso, Partner, Intellectual Property at firstname.lastname@example.org.
IP Partner Angelo Mazza participated in the the IACC IP training in San Francisco, providing information on new products or changes to packaging in order to assist U.S. Customs and Border Protection (CBP) and it’s intellectual property protection efforts.
About the event:
Port of San Francisco Training
Date: April 20, 2023
Time: 9:00am – 3:00pm
Where: Port of San Francisco
San Francisco is a popular port due to the volume of cargo that flows through it. This event provides an excellent and unique opportunity to meet and speak directly with Officers, Import Specialists and Fines/Penalties personnel about enforcement issues and latest brand authentication methods.
Gibney IP attorneys Angelo Mazza and Maja Szumarska spoke at the International Anticounterfeiting Coalition (IACC) Annual Conference in Nashville.
Angelo’s panel titled “New Trends in Customs Enforcement” was focused on the changes under the U.S. Custom and Border Protection’s 21st Century Customs Framework. Angelo discussed IP considerations from the brand perspective as it relates to trade reform and border enforcement. Maja’s panel was titled “New Technologies and Impact on IP and Brand Protection – Metaverse, NFTs, and Virtual Goods”. Maja provided an introduction into blockchain technology, focusing on topics such as non-fungible tokens (NFTs), blockchain-based domains, and will discuss the developing case law in this area. She also provided guidance on the tools available to conduct investigations and the key considerations for developing an effective enforcement strategy.
Learn more about the program here.
Angelo Mazza spoke at the International Anticounterfeiting Coalition (IACC) Conference in Nashville on April 4. His panel was titled “New Trends in Customs Enforcement”.
Other speakers include Travis Johnson, Senior Counsel and Vice President – Legislative Affairs, IACC (moderator), Kristyna Richterova, Czech General Customs Directorate and Kristin Weaver, Branch Chief, IPR Operations, U.S. Customs & Border Protection.
The panel focused on the changes under the U.S. Custom and Border Protection’s 21st Century Customs Framework. Angelo will discuss IP considerations from the brand perspective as it relates to trade reform and border enforcement.
Learn more about the program here.
IP Partner Maja Szumarska spoke at the International Anticounterfeiting Coalition (IACC) Conference in Nashville on April 2.
The panel was titled “New Technologies and Impact on IP and Brand Protection – Metaverse, NFTs, and Virtual Goods”. Maja provided an introduction into blockchain technology, focusing on topics such as non-fungible tokens (NFTs), blockchain-based domains, and will discuss the developing case law in this area. She also provided guidance on the tools available to conduct investigations and the key considerations for developing an effective enforcement strategy.
Learn more about the program here.