Recent Trends in Counterfeiting Cases (Update)

(157 Ratings)

Produced on: February 01, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate
Most businesses invest a great deal of thought, time and money into selecting trademarks and building brand awareness for their goods, but many fail to police and enforce their trademark rights to ensure the value and prestige of their exclusive brands. In 2016, a study of the International Trademark Association found that the market for counterfeit goods has ballooned into a global industry worth nearly a half a trillion dollars. In a global economy, this level of counterfeiting activity is a challenge that impacts the bottom line of a substantial cross-section of business and industry, including consumer goods, industrial goods, luxury goods, apparel, pharmaceuticals, and food. Although many people mistakenly believe that counterfeiters only target luxury goods or large brands, the reality is that counterfeiters are both willing and able to identify and misappropriate intellectual property of smaller companies and start-ups.

This program, taught by Geoffrey M. Goodale of FisherBroyles LLC and Chris Turk, a Trademark and Copyright attorney and consultant, will examine recent trends in counterfeiting cases, focusing on how best to create and implement a practical and comprehensive brand protection strategy to combat the counterfeiting of a client’s valuable goods and trademarks. If a client’s branded products are successful in the market, there is a very real threat that they will have been or will be the victim of counterfeiting. The aim of all anti-counterfeiting and brand protection programs should be to identify threats, deter counterfeiting, and ensure that the intellectual property infringers and counterfeiters are held accountable by way of civil action or criminal prosecution. Many brand owners fear the unknown, in particular the cost of developing and implementing an anti-counterfeiting program, and this course will help practitioners proactively assess the best ways to protect their clients brands and intellectual property in a thoughtful, creative and efficient manner.


Learning Objectives:

  1. Understand how to develop and implement brand protection strategies to identify, deter, and combat counterfeiters
  2. Assess how best to tailor anti-counterfeiting programs to an individual client’s industry, business circumstances, and financial resources
  3. Effectively utilize technology, work with investigative professionals, and develop relationships with law enforcement agencies
  4. Identify the various “pros” and “cons” of instituting formal legal action against counterfeiters, either through civil litigation or criminal prosecution

Faculty

Geoffrey M. Goodale

FisherBroyles, LLP

For over 15 years, Geoffrey M. Goodale has assisted companies of all sizes in many industries develop and implement strategies to accomplish their international business goals. His practice focuses on export controls, economic sanctions, import compliance, trade litigation, international intellectual property rights protection, foreign direct investment, cybersecurity, and compliance counseling to government contractors.

Mr. Goodale counsels companies on a wide range of issues relating to the Export Administration Regulations (EAR) that are administered by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the International Traffic in Arms Regulations (ITAR) that are enforced by the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), and the economic sanctions laws and regulations that are administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). In addition to providing training on these regulations, designing compliance manuals, and assisting clients with all aspects of the export license and agreement approvals processes, he conducts internal reviews and audits to assess compliance in these areas and helps clients develop and implement effective corrective action strategies, including the drafting and submission of voluntary disclosures when warranted.

Mr. Goodale advises clients on all aspects of compliance with U.S. import laws and regulations, including those relating to determining the proper classification, valuation, and country of origin of merchandise. He regularly represents clients in matters involving U.S. Customs and Border Protection (CBP), including in the preparation and submission of ruling requests, protests, petitions for relief, and prior disclosures to CBP. In addition,  he assists clients in preparing for and undergoing CBP audits (e.g., Focused Assessments). He also assists clients in developing duty savings strategies through the effective use of duty drawback, foreign trade zones and subzones, preferential duty programs (e.g., GSP, AGOA, and CBTPA), and free trade agreements, including the North American Free Trade Agreement (NAFTA) and the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). 

Mr. Goodale’s experience includes representing U.S. and non-U.S. companies in all manner of antidumping duty (AD) and countervailing duty (CVD) cases before the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), including investigations, administrative reviews, scope ruling requests, and anti-circumvention proceedings, as well as in appeals of certain such DOC and ITC decisions to the U.S. Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit (CAFC). He also has represented complainants and respondents in trade-related intellectual property rights cases that have been filed with the ITC under Section 337 of the Tariff Act of 1930, as amended, and appeals of certain such ITC decisions to the CAFC.  In addition, he assists clients in developing global strategies to protect their patents, trade secrets, trademarks, and copyrights.

Mr. Goodale possesses extensive experience in advising clients on international mergers and acquisitions (M&A). With respect to acquisitions by foreign entities of U.S. companies, this experience includes, among other things:  (1) taking actions necessary to clear proposed deals through the Committee on Foreign Investment in the United States (CFIUS) when appropriate; (2) filing required submissions with DDTC and/or BIS when export-controlled products and technologies are involved; and (3) structuring transactions so as to mitigate foreign ownership, control or influence (FOCI) in a way that is acceptable to the Defense Security Service (DSS) in order for the U.S. company to maintain its Facility Security Clearance (FCL) in order to be able to continue to perform work on classified contracts for the U.S. Government.

Mr. Goodale also provides compliance counseling to government contractors on a wide range of matters covered by the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS).  He regularly advises clients on issues relating to cybersecurity, data rights, IP protection, supply chain management, sourcing issues, and domestic content requirements (e.g., Buy American Act, Berry Amendment, and Trade Agreements Act). In addition, he provides counseling to clients relating to the Foreign Corrupt Practices Act (FCPA), and he conducts internal investigations to ensure that clients comply with the requirements of the FCPA and other anti-bribery laws, such as the UK Bribery Act.

By appointment of the Chief Judge of the CIT, Mr. Goodale is a member of the CIT Advisory Committee on Rules. He also serves as Co-Chair of the ABA Section of International Law’s Export Controls and Economic Sanctions Committee, Chair of the ABA Intellectual Property Law Section’s International Trade Commission Committee, and Chair of the International Trade Commission Subcommittee of the Trade Secret Law Committee of the American Intellectual Property Law Association (AIPLA). In addition, he has previously served as the Chair of the D.C. Bar’s International Law Section, the Chair of the Virginia State Bar’s International Practice Section, and Co-Chair of the ABA Section of International Law’s Customs Law Committee and International Trade Committee. Mr. Goodale also is a member of the Customs and International Trade Bar Association (CITBA), the Federal Circuit Bar Association (FCBA), the International Trade Commission Trial Lawyers Association (ITCTLA), and the Society for International Affairs (SIA).

Mr. Goodale speaks regularly on international trade issues at conferences and seminars. In addition, he is the author of the chapter on the ITAR in the Handbook of Export Controls and Economic Sanctions published by the ABA in 2013 and a co-author of several chapters in the second edition of the ABA’s U.S. Customs: A Practitioner’s Guide to Principles, Processes and Procedures that was published in early 2016.

After graduating from Notre Dame Law School, Chris Turk started his IP career as a Trademark Examining Attorney at the US Patent and Trademark Office in Arlington, VA. In 2000 Chris returned to his hometown of Philadelphia where he spent 5 years in the IP practice group at Blank Rome, engaged in a wide-range of IP matters. He then joined VF Corporation, a multibillion dollar apparel company and the owner of brands including The North Face, Lee, Wrangler, Timberland and others, and he subsequently became their chief trademark counsel. For 12 years while at VF Corp., Chris was responsible for licensing, IP clearance and prosecution, as well as anti-counterfeiting and enforcement. Since leaving VF in 2017, Chris has been providing consulting services to clients that require IP portfolio management, protection and enforcement assistance, as he seeks his next in-house challenge.

Reviews

AT
Anthony T.

The panel worked well together. Their interaction was very natural - I felt like I was part of a conversation as opposed to being at a lecture. Well done!!

AA
Andrew A.

Very detailed

RT
Robert T.

Thank you.

MW
Melissa W.

Really enjoyed Chris' down-to-earth examples and advice.

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