201905.10

2018 Out-of-Cycle Review of Notorious Markets: domain names

The role of registrars Each year, the USTR collects complaints from intellectual property rights holders. For the year 2018, the Alliance for Safe Online Pharmacies, ASOP Global, shared its experience in a letter to the USTR on October 5, 2018. In this contribution, ASOP Global intended to address the problem of illegal drugs at the…

201905.08

Press review on counterfeiting (April 2019)

On IP Twins Twenty years of imprisonment incurred for a domain name Intellectual Property and Sport: Some Aspects and Tips for World Intellectual Property Day HKIRC launches its registry lock A new cityTLD is coming: .MADRID New gTLD : get prepared for the .MUSIC domain names Valeo wins historical IP case at the Supreme People’s…

201904.05

Memorandum of the White House on the Fight Against Counterfeit and Piracy Goods

The White House has issued a memorandum on the fight against counterfeiting. Président Trump plans to step up the government’s efforts in the fight against online counterfeiting. He plays on a more coordinated approach of the federal government, the institutions concerned and all the actors: “Third-party intermediaries, including online third-party marketplaces, carriers, customs brokers, payment…

201904.03

OECD-EUIPO 2019 Report on Counterfeiting

The Organization for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) have published their 2019 report on trends in counterfeiting. It is based on data collected from 2014 to 2016. The previous report, based on data from 2011 to 2013, was published in 2016. Overall, the authors of the report…

201903.13

Press review on counterfeiting (February 2019)

Africa According to Ecofin, sub-Saharan Africa loses $10 billion because of counterfeit tobacco (agenceecofin.com, 4 Feb. 2019). Algeria A jeweler craftsman from Ath Yenni reveals his concern over counterfeit jewelry from China (depechedekabylie.com, 12 Feb. 2019). Brexit Drug manufacturers are worried. In the event of a Brexit without an agreement, the British could not benefit…

201903.11

Sogou targeted by a class action due to an increase in counterfeit sales

The Sogou search engine faces a class action brought by investors who claim to have been unaware of serious regulatory problems when it was listed on the New York Stock Exchange (NYSE) in November 2017. The Sogou company allegedly failed to specify the Chinese authorities were investigating an increase in sales of counterfeits. According to…

201903.04

Amazon Project Zero: a project to eliminate counterfeiting on Amazon platforms

A few days ago, Amazon seemed to be in a turmoil recognizing the possibility of increased judicial and financial risk due to the endemic flood of counterfeits that invades its platforms. Now the e-commerce giant is trying to beat all odds with its aptly named “Amazon Project Zero“. This new tool aims to eradicate counterfeiting…

201902.27

A welcome partnership between a ccTLD registry and a national industrial property office

Afnic (the registry in charge of French ccTLDs, afnic.fr) and the French National Institute of Industrial Property (inpi.fr) have announced a partnership with the view of raising awareness of trademark and domain name owners as to the need to proceed, systematically and concomitantly, with trademarks and domain name registrations. This awareness campaign will, at least…

201902.27

India: towards greater accountability of intermediaries?

Indian authorities are considering amending the Information Technology Act 2000. Article 79 deals with the exemption of intermediaries from liability, imposing on them an obligation of diligence as to the lawfulness of the contents. In the course of 2018, the government informed the elected officials of its determination to modify the legal framework in the…

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…

201902.14

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…

201901.18

Phishing: stay alert!

No, Air France or Futuroscope do not offer free tickets via the WhatsApp phone application. Last weekend, many users of the application have received fraudulent messages appearing to come from these companies. The catch is the same: “Air France offers free tickets to all to celebrate his birthday” or “Futuroscope giving 5 free tickets to 500…

201901.14

Attack on WeTransfer: beware of malwares!

Our Online Brand Protection service reports a new large-scale attack on the electronic documents transfer specialist WeTransfer. We have identified that emails similar to those of WeTransfer are currently being mass-mailed, with a download link very similar to the URLs used by WeTransfer: The attack works in a very simple way: hackers simply registered the…

201901.07

Press Review on Counterfeiting (December 2018)

Argentina FMC QUIMICA S.A. has reported having detected in Santa Fe, Córdoba and Salta counterfeit of its insecticide “Coragen” (agrofy.com.ar, 12 Dec. 2018). Australia Toyota counterfeit auto parts have been seized, including brake pads that do not meet the safety requirements. A Toyota employee said: “If you buy online and it’s not from an authorized…

201901.01

China: Parliament plans stronger penalties for infringement of intellectual property rights

The Chinese parliament is considering a law that would allow punitive damages in tort cases. This long-awaited bill specifically targets infringements of intellectual property rights. If an intellectual property right is intentionally violated and the circumstances are considered “serious”, the owner of the intellectual property rights will be in a position to claim punitive damages….

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…

201811.20

Fighting against counterfeit medicines by suspending and blocking domain names

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

Pangea XI: 859 arrests

Interpol has once again coordinated a Pangea operation (Pangea XI) to destabilize the networks involved in counterfeit pharmaceutical and medical products. Interpol closely collaborated with institutions and companies deeply involved, willingly or not, in the fight against counterfeiting: the World Customs Organization (WCO); the Permanent Forum of International Pharmaceutical Crime (PFIPC); the Heads of Medicines…

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…

201811.02

Remembrance Day: authorities combat fake poppies

Every year, the Royal British Legion calls to remember and support its action by organizing a fundraising campaign the symbol of which is a poppy brooch. More than ever, the celebrations of the year 2018, marking the centenary of 11 November 2018, should be memorable. The poppy is the trademark of the Royal British Legion. As…

201810.27

PAP (real estate ads) v. PapAuto (car ads): no risk of confusion, and the reputation of the “PAP” is not demonstrated

Éditions Neressis is a French company that runs a real estate website called “PAP, Particulier à Particulier”. This company owns the French trademark No. 1518035 “P.A.P. Particulier à Particulier” (classes 16, 35 and 41), the European Union trademark No. 006701973 “PAP” (classes 16, 35, 38, 41), and the domain name pap.fr. This website pap.fr is…

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…

201810.11

Beijing launches Internet-related online court

Following the path open by the city of Hangzhou in 2017, Beijing has recently opened its first online court dedicated specifically to handle Internet-related matters. The new civil court will have jurisdiction over matters previously decided by an ordinary court of first instance: online shopping, personal data protection, copyrights, domains and service contracts for example….

201810.10

The Birth of AliExpress Russia

For manufacturers, traders and distributors, the birth of a major e-commerce player is perceived either as a windfall or as a threat. This depends, among other things, on the risk that this new player may pose to intellectual property rights owners. The birth of AliExpress Russia inevitably provokes feelings of enthusiasm and dread. Founded in…

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…

201810.08

Counterfeit and “Parasitism”: the All Blacks Tackled French Companies

New Zealand Rugby Union (NZRU) is the institution responsible for managing Rugby in New Zealand. It “ensures the operation and development of the national rugby team known as ‘All Blacks’ and conducts an active merchandising policy around the world to obtain the financial revenues necessary for the development of its activity“. It owns a semi-figurative…

201810.01

Uganda: the Role of Financial Institutions in Fighting Counterfeiting

In Kampala, bankers and anti-counterfeiting specialists have come together to find effective solutions against this scourge that literally floods the country with goods of mediocre and dangerous quality. According to the UNBS (Uganda National Bureau of Standards), at least 50% of all goods on the Ugandan market are false. Financial institutions in Uganda have been…

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….

201809.25

Copyright as a Means to Fight Against Counterfeiting

On February 24, 2014, French customs visited the offices of a company called “Parisac”. The customs seized nearly 4,000 counterfeit Chanel and Céline bags imported from China. Parisac and its manager, Mr. X., were prosecuted in the Criminal Court for counterfeiting and importing counterfeit goods. On May 4, 2015, the Criminal Court found them guilty….

201809.16

€510,000 in Damages for Counterfeits of Rims and Unfair competition

Mr. R. operates the websites rsimport.com and eurojante.com. The BMW companies have been informed that these tunning websites have a large number of BMW and MINI branded rims. Therefore, BMW managed to obtain the right to conduct a so-called saisie-contrefaçon conducted in the premises of Mr. R. Under French law, saisie-contrefaçon relates to Article 7(1) of the…

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…

201808.14

Pinduoduo: Counterfeiting Hurts Investment

While it had just made a thundering entry to Nasdaq, the Chinese marketplace Pinduoduo, entered the turmoil. Pinduoduo is under scrutiny after China’s State Administration for Market Regulation (CSAMR) announced that it was investigating claims according to which Pinduoduo would sell counterfeit goods. Pinduoduo is accused of being lenient in the fight against counterfeiting. The CSAMR’s announcement…

201808.10

The GDPR Facilitates Large-Scale Phishing

Phishing is the fraudulent attempt to obtain sensitive information, often for malicious reasons, by disguising as a trustworthy entity in an electronic communication. This practice uses domains identical or very similar to well-known brands: banks, insurance companies or airline companies are very often victims of these attacks. A number of elements help to create large-scale…

201808.07

India: Amazon Obliged to Bring Counterfeiters to Justice

In India, Beverly Hills Polo Club brand (BHPC) had received information on widespread sale of counterfeit products on amazon.in, including apparel products, accessories, fragrance products, watches, or belts. Now BHPC does not sell its products on online marketplaces, except fragrance/perfumery products. BHPC had therefore asked Amazon to delist the counterfeit URLs and provide BHPC with…

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…