Online Enforcement and Anti-Counterfeiting

In the digitally connected global marketplace, the strategies we implement to protect our clients’ patent and trademark assets are critically important. Rampant selling of unsafe and ineffective knockoffs and grey market goods creates a variety of risks for brand owners and their customers. Combatting online infringement and cross- border counterfeits requires creative and swift action.

Online IP Enforcement

We work with our clients to develop online enforcement protocols to police and enforce their IP rights. We regularly report infringers to online marketplaces, Internet Service Providers (ISPs), social media, payment processors, and federal agencies to take down unauthorized use of trademarks. Our participation in anti-counterfeiting industry associations has allowed us to develop relationships with contacts at key marketplaces and agencies. Through federal agencies and local law enforcement, we assist with prosecution of criminal offenders.  We also utilize broader solutions using artificial intelligence and automated processes to maximize enforcement efforts.

Brooks Kushman employs a team of industry-leading patent prosecution and litigation professionals. For patent matters, we are experienced in navigating Amazon’s Utility Patent Neutral Evaluation Procedure, a program in place for utility patent owners on Amazon who believe their product has been infringed. We are prepared to represent parties in disputes of this nature and make well-reasoned and technically sound arguments on behalf of our clients regarding infringement. We know there are clear limitations on defenses within the Utility Patent Neutral Evaluation Procedure, and because of this, coupled with the quick resolution process, even weak utility patents may be particularly relevant to the Amazon e-commerce market.

Domain Names

We offer guidance for domain name registration and enforcement. Our extensive experience enforcing our clients’ trademark rights through arbitration under the Uniform Domain Name Dispute Resolution Policy (UDRP), has resulted in a near-perfect record of domain name recovery actions

Litigation – Special Remedies

We have also assisted registered trademark holders in obtaining ex parte seizure orders and preliminary injunctions against infringers.

Customs Recordal and Enforcement

Conveniently located in Metro Detroit, our main office is near the most active international border in the United States. Our team works with clients to develop strategies for recording trademark registrations with the Customs and Border Patrol authorities in the United States and with other customs authorities around the world. We prepare Brand Protection Guides and hold training sessions for Customs Officials to help identify genuine and counterfeit goods. This information and training increases the likelihood that counterfeit goods will be seized and also reduces the possibility that our clients’ genuine goods won’t be delayed.