Counterfeit, Diversion and Privacy and Publicity Counseling
As an increasing number of illegal products find their way into legitimate distribution channels – and an equal number of legitimate goods appear in unauthorized outlets – protecting your intellectual capital from counterfeiting, piracy and diversion has become paramount.
The creation and distribution of counterfeits and piracy of products throughout the world threatens companies of all sizes and infringes on legitimate copyright, trademark, patent and other intellectual property (IP) rights. Holland & Knight’s intellectual property attorneys have extensive experience helping companies secure their investment, innovations, reputation and market position by addressing and arresting counterfeiting, piracy and the diversion of goods.
Representation Across Industries and Throughout the World
Our Counterfeit, Diversion and Privacy and Publicity Counseling Team represents domestic and international clients of all sizes and across many industries, including electronics, software, consumer goods, equipment, machinery and pharmaceuticals.
A Multifaceted Approach to Protecting Your Interests
Members of our team are highly skilled in protecting client interests from the challenges posed by counterfeits and diversion. We can advise you on how best to integrate intellectual property law protections into your business strategies so you can effectively pursue counterfeiters and diverters and prevent the illegal distribution of your products.
Our intellectual property attorneys utilize a variety of effective methods to protect your interests, including:
- employing our investigative unit to identify and track the sources of counterfeit and diverted products throughout the world
- investigating the points of sale and distribution channels for these products and working with U.S. Customs to combat trade in pirated and counterfeit goods and prevent their importation
- analyzing and litigating product diversion or “gray market” cases
- maintaining a working relationship with foreign governments and law enforcement agencies
- working with customs, foreign governments and border control to enforce restrictions on the importation of infringing products
- representing client interests before U.S. Customs and foreign governments and zealously asserting client interests in court
We also have extensive experience handling violations of privacy and publicity rights and regularly provide First Amendment counseling and litigation services.
An Experienced Global Team
Our team has successfully investigated and prevented counterfeiting and diversion worldwide. We have actively worked through the courts in the United States and abroad, as well as with foreign governments and law enforcement agencies, to prevent the distribution and importation of unauthorized products. These efforts are supported by members of our Intellectual Property Patent Protection and Prosecution Team, the use of investigators to track sources of infringement and a deep knowledge of the best methods to arrest counterfeiting and diversion. Additionally, we have built an extensive international network of local counsel, investigators and government contacts to accomplish our clients’ goals worldwide.