201902.20

“The Real Threat of Fake Toys”, a White paper from the Toy Association

Founded in 1916, the Toy Association is representing companies that design, produce, license and distribute toys and entertainment products for youth. It has more than 950 members, including Amazon. The Toy Association defends the interests of its members, including the toy safety and brand protection of its members. In this regard, the association has just…

201902.19

Press Review on Counterfeiting (January 2019)

Azerbaijan Azerbaijan plans to strengthen the fight against counterfeit dairy products (trend.az, 25 Jan. 2019). China Hong Kong Customs seized counterfeit garments with a market value of $ 2.5 million after a week-long operation (Champion, Tommy Hilfiger, and Stussy). Nine people were arrested (insideretail.hk, 11 Jan. 2019). Shanghai police dismantled a group of 36 people…

201902.14

Counterfeiting: Amazon Anticipates Increased Judicial Risk

On January 31, 2019, Amazon delivered its annual report to the Securities and Exchange Commission (SEC). After referring to a possible amendment of the US law on the liability of Internet intermediaries, Amazon acknowledged that it could be held liable for the activity of its users, particularly for counterfeiting: “The law relating to the liability…

201901.15

Because of the “Shutdown”, SSL certificates have not been renewed and some sites are no longer accessible

In the United States, given the “shutdown”, the US administration did not consider the renewal of SSL certificates (Secure Socket Layer) as a priority. As a result, many government sites (defined by the .GOV top-level domain) are no longer accessible. This is particularly the case of several sites of the judicial administration. SSL certificates secure communications between…

201812.16

Counterfeit and Piracy Watch List, a European Commission Staff Working Document

Like the Office of the United States Trade Representative (USTR) (see iptwins.com, Nov. 22, 2018 ; iptwins.com, Nov. 20, 2018 ; iptwins Nov. 16, 2018 ; iptwins .com, Nov. 15, 2018 ; iptwins.com, Oct. 19, 2018), the European Commission has built a list of online and physical counterfeit sites (Commission Staff Working Document, Counterfeit and Piracy Watch List,…

201812.11

Press review on Counterfeiting (November 2018)

Algeria The General Directorate of Algerian Customs said that in 2017, more than 700,000 counterfeit glasses were seized nationwide. Mr. Kamel Kadi, head of the office in charge of the fight against counterfeiting Algerian Customs, regrets that some importers resort to methods “that may outsmart customs officers” (Aps.dz, 15 nov. 2018). Cambodia At the “Combatting…

201811.30

Counterfeiting and cybersquatting: more than one million domain names seized

The U.S. Immigration and Customs Enforcement (ICE) announced that last year more than one million domain names of websites infringing intellectual property rights had been seized: approximately 33 600 in criminal proceedings and 1.21 million in civil proceedings (ice.gov, 26 Nov. 2018). ICE reports that industry partners involved in the operation were fully responsible for…

201811.22

Unifab’s contribution to the list of the most notorious “counterfeit spots”

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201811.16

2018 Special 301 Out-of-Cycle Review of Notorious Markets: Chanel’s Choices

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201811.15

2018 Special 301 Out-of-Cycle Review of Notorious Markets: Maus Frères targets Facebook, iOffer, and Mercadolibre

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201811.06

Press Review on Counterfeiting (October 2018)

Belgium As part of the Pangea XI operation, the Belgian customs, in collaboration with the Federal Agency for Medicines and Health Products (FAMHP), controlled 14,464 packages, of which 622 contained medicines or health products. Of these, 141 were seized. They included 28,689 counterfeit products (rtbf.be, 23 oct. 2018). In Brussels, in the Agora gallery, an…

201810.22

Louis Vuitton Combats Online Counterfeiting Before a Florida Court

Louis Vuitton is suing 23 natural and legal persons in Florida for various infringements of its trademarks (Case 0: 18-cv-62354-CMA). Not less than 120 domain names and websites are concerned. Some domain names reproduce Louis Vuitton trademarks (eg louisvuittonbag.site, uslouisvuitton.co, prezzi-lvborse.org), while others include a term indicating the likely presence of counterfeits (eg: aaaimitationbags.com, fashionfakeseason.com,…

201810.19

2018 Special 301 Out-of-Cycle Review of Notorious Markets: the AAFA Nominates Three Amazons Platforms

Every year, the Office of the United States Trade Representative (USTR) collects a list of the most notorious online and physical counterfeit spots that are outside US borders. (Special 301 Out-of-Cycle Review of Notorious Markets). For example, the 2017 report mentions, inter alia, the following marketplaces: DHGhate.com (China), Indiamart.com (India), Taobao.com (China), Vkontakte.com (Russia), and…

201810.16

Fake Goods on the Dark Side of the Moon

Patience/Time. The Patience of British rock band Pink Floyd has hit The Wall. The band is suing several Chinese entities for the alleged sale of counterfeit goods in relation to their band’s trademarks. Stay. Pink Floyd, which was formed in 1965, is internationally known for their psychedelic rock music and is one of the most…

201810.09

EU Customs Report 2017 on Counterfeiting: Highlights

This report is based on the EU Customs 2017 results (Report on the EU customs enforcement of intellectual property rights: Taxation and Customs Union. Results at the EU border, 2017). For the most part, the counterfeit goods seized continue to come from China, including Hong Kong. However, it appears that in some countries counterfeiters have…

201810.01

Press Review on Counterfeiting (September 2018)

Canada, Ontario A several-month investigation led Canadian authorities in June 2018 to make large seizure at the famous Pacific Mall in Markham, north of Toronto. Representative of the Canadian authorities traveled to New York to meet with trademarks owners, including Adidas, Chanel, and Cartier. After analysis, it was confirmed that the goods seized were counterfeit….

201809.14

Juul Labs Gets an Injunction Against Thirty Chinese Counterfeiters

“The scale of counterfeit Juul products is alarming,” said Kevin Burns, managing director of Juul Labs. (Juul) (Juul.com, September 11, 2018). The dazzling success of this young e-cigarette maker founded in 2017 comes with a big wave of counterfeits. To counter this, Juul collected a number of pieces of evidence and produced them before the…

201808.27

Press Review on Counterfeiting (August 2018)

Dubai In the first half of 2018, Dubai Department of Economic Development (DED) closed 4,879 social media accounts and 30 websites involved in the sale of counterfeit goods. This initiative is part of the efforts of the Dubai authorities to participate in the protection of trademarks (Golfnews.com, 5 August 2018). Borneo Ministry of Domestic Trade…

201808.03

Frivolous UDRP Complaints: Time to Claim Damages

Innovation HQ, Inc. has owned the domain weeds.com for several years. At the end of 2017, the domain name led to a single page with links made up of generic terms related to horticulture and gardening. This page also announced that the domain name was for sale. Weeds, Inc. owns trademarks that include the word…

201806.28

Harley-Davidson wins 19.2 Million in Statutory Damages Against SunFrog

SunFrog Corporation has been ordered, for trademark infringement, to pay Harley Davidson nearly $ 20 million (HD USA, LLC and Harley Davidson Motor Company Group, LLC, v. SunFrog, LLC, No. 17-CV -711-JPS, US District Court Eastern District of Wisconsin). SunFrog is a marketplace that provides its users with creative tools to produce graphics to be…

201806.25

United States: Prison for Selling Counterfeit Nike Shoes

In Oregon, USA, a man was sentenced to four months in prison followed by three years supervised release for counterfeiting and money laundering. According to the US Department of Justice (DoJ, April 4, 2018), counterfeit Nike brand shoes were offered for sale on Instagram, eBay, and Shopify. The evidence shows that in two years the…

201803.25

Free Trade Zones as Means to Facilitate Counterfeiting

In April 2016, the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) adopted the “General Trade-Related Index of Counterfeiting for Products” to measure and analyze the phenomenon of counterfeiting. They aimed at providing lawmakers with solid empirical evidence. The study showed that counterfeiting accounted for 2.5% of global…