Q&As

How do I stop counterfeit goods?

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Published on LexisPSL on 04/12/2013

The following IP Q&A provides comprehensive and up to date legal information covering:

  • How do I stop counterfeit goods?
  • What are counterfeit goods and what should I do about them?
  • Build an anti-counterfeiting strategy
  • Counterfeit goods on the Internet
  • Register with HM Revenue & Customs
  • Contact Trading Standards
  • Civil litigation
  • React proportionately
  • Keep your intellectual property rights in order

What are counterfeit goods and what should I do about them?

"Counterfeit goods (or 'fakes') generally bear a brand name or logo which is identical to or likely to be mistaken for another party's trade mark. Dealing in such goods may therefore constitute trade mark infringement and/or passing off, if members of the public mistakenly believe that the goods originate from the trade mark owner. Counterfeit products are usually of inferior quality.

Build an anti-counterfeiting strategy

No brand will have unlimited funds at its disposal to go after every counterfeiter it encounters. Consequently it is important to build a strategy to make best use of available budget. Some brands may concentrate on low cost options such as mass cease and desist letters and utilising free take down notices on the Internet. Other brands might go after large scale offenders or focus on specific countries while leaving small scale counterfeiters alone. Assess the activities that are most damaging to your brand and prioritise accordingly. Consider creating a dedicated anti-counterfeiting role in your business.

Counterfeit goods on the Internet

Online

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