Conflicts: Causes, Prevention, and Controlling Counterfeiting

AuthorJoseph C. Gioconda, Esq., and Joseph M. Forgione
ProfessionGioconda Law Group PLLC
C01 09/02/2011 12:17:48 Page 1
Causes, Prevention, and Controlling Counterfeiting
Joseph C. Gioconda, Esq., and Joseph M. Forgione
Gioconda Law Group PLLC
In the past decade, efficiently addressing brand protection issues within the corpo-
rate structure has evolved into a top priority for companies dedicated to protecting
the goodwill associated with their brands. Counterfeit products are no longer seen as
affecting only luxury brands on Canal Street in New York City. In fact, counterfeiting
has grown to such an extent that it now operates as an entire industry, one that pro-
vides a constant stream of income to small-time infringers just the same as it does to
members of organized crime and even terrorist groups.
While misappropriation of valuable company trad emarks by counterfeiters has
served as a means from which to realize this stream of income, the overall integrity
associated with each brand subject to counterfeiting is now being put directly at
stake. Controlling the consequences of this worldwide industry has become more
challenging as technology and counterfeiters themselves have become more sophis-
ticated. The Internet has grown into a major avenue of exploitation for counterfeit-
without which many offenders would not have the refuge of anonymity and
unaccountability. The corporate structure has quickly turned to online anti-
counterfeiting enforcement strategies to supplement brick-and-mortar protections
that have been utilized by brand owners seeking to protect their trademarks. By
adapting to this anti-counterfeiting culture, companies provide a stronger barrier
against notorious offenders operating in domestic and inte rnational spaces, and, in
the same manner, recognize the relevancy of focusing on brand protection through
a very modern approach.
The purpose of this chapter is to briefly discuss how the growth of counterfeiting
as an industry has stimulated corporate responsibility to implement modern enforce-
ment strategies needed to combat the problems that threaten the integrity of valuable
brands. This chapter will address the importance of focusing on the burgeoning

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