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. 

Our strategies reduce impact to your sales and remove poor quality imitations from the marketplace that can damage your brand and create safety hazards for consumers.

Brooks Kushman offers a scalable 360-degree solution to protect and enforce our clients’ intellectual property. While we provide IP enforcement solutions to a wide range of industries for a variety of goods, we have significant experience helping clients in the retail, technology, sporting goods/outdoor, fashion, ecommerce, consumer product, and software industries. We monitor and work with online marketplaces and federal agencies to swiftly stop counterfeit goods.

Brooks Kushman is among the top trademark firms in the United States, protecting some of the world’s most recognizable brands.



Summary of How the Neutral Patent Evaluation System Works


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 client’s 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 to obtain ex parte seizure orders and preliminary injunctions against infringers.

Customs Recordal and Enforcement

Our headquarters is conveniently located in Metro Detroit, we are near the most active international border in the country.   Our team works with clients to develop a strategy 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 our clients’ counterfeit goods will be seized at the border and legitimate goods will not be delayed.

    • 10 Things to Enhance Brand Protection at U.S. Borders and Ports
      Thursday, August 06, 2020

      A recent report prepared by the U.S. Department of Homeland Security (DHS) describes the problem of counterfeit and pirated goods as having “intensified to staggering levels.” Statistics in the report detail a 154% increase in counterfeits traded internationally, rising from a value of $200 billion in 2005 to $509 billion...

    • Strategies to Fight Black Hat Tactics on E-Commerce Platforms
      Tuesday, July 07, 2020

      Global retail sales are projected to exceed $25 trillion in 2020 and the portion attributed to e-commerce is growing rapidly. For example, in 2015 e-commerce accounted for only 7.4% of the total retail market but is projected to be more than double that to 16.1% in 2020. The United States,...

    • What Patent Owners and Product Sellers Need to Know About Amazon’s Utility Patent Neutral Evaluation Procedure
      Wednesday, July 01, 2020

      In 1995, Amazon was solely a book-selling website that operated out of Jeff Bezos’ garage. Despite its humble beginnings, Bezos always had a big vision for Amazon. He wanted it to be the “everything store.” Today, the trillion-dollar market cap behemoth inches closer to realizing that vision every day. Amazon’s dominance,...