Conflicts: Causes, Prevention, and Controlling Counterfeiting

• Author: Joseph C. Gioconda, Esq., and Joseph M. Forgione
• Profession: Gioconda Law Group PLLC
• Pages: 1-13

C01 09/02/2011 12:17:48 Page 1

CHAPTER 1

Conflicts

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-

ers,

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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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