New York Counterfeit Goods & Seizures Lawyer
Companies that don't police and protect their trademarks may forfeit legal rights in them. Removing counterfeit goods from the marketplace is a critical aspect of asserting and protecting your rights. The Law Office of Rubin Ferziger offers a range of services related to the seizure of counterfeit goods.
Four-step Process to Seize Counterfeit Goods and Safeguard Your Legal Rights
The seizure of counterfeit goods is a complex area of law. Having an experienced attorney implement the process is vital to its success. These are the steps the Ferziger law firm takes on behalf of clients:
- Investigation: The process begins by locating the counterfeit goods. The Ferziger firm uses private investigators to determine port of entry into the United States, points of sale, and distribution channels, both at the wholesale and retail levels.
- Filing of Documents: Rubin Ferziger drafts and files the necessary documents to legally seize the goods, and handles any subsequent court appearances.
- implementing the Seizure: Attorney Ferziger and his team will attend and facilitate the seizure along with the U.S. Marshal Service.
- Litigation or Settlement: If the infringer is a viable business, or an individual has sufficient assets, the Ferziger firm can sue for damages. In instances in which legitimate retailers are duped into buying counterfeit goods, clients generally authorize negotiation of a settlement package.
Heres an example of the process in action, from one of Rubin's client success stories
The trademark holder witnessed counterfeit hip-hop clothing being sold on the streets of New York City. After consultation and investigation, Rubin prepared the necessary documents to obtain a knock down the door civil seizure order.
Next, forcible entry and confiscation of the goods was made with a team of private investigators, and government law enforcement professionals.
The counterfeiter ultimately signed a cease and desist order, and paid damages to Rubin's client.
With trademarks and other intellectual property, what you don't protect you can lose. Aggressive legal action is sometimes necessary to secure your rights.
Gray Goods Infringement Claims
Gray goods are legitimate merchandise that by legal agreement should be sold outside of the United States, but are not. They can also be products whose sale is restricted to a particular channel of distribution, such as department stores, and should not be sold outside of that channel. Sometimes manufacturers over-produce goods, then put another label on the items, and sell the overrun elsewhere.
Gray goods infringement claims can be addressed by the same process used to prosecute counterfeit goods and seizures.
Compliance Issues: Can You Be an Infringer Without Knowing It?
Legal issues concerning counterfeiting of goods should be carefully monitored, both from an infringement and compliance perspective. It is sometimes possible to become an infringer without realizing it.
For example, companies may import goods, put price tags and brand names on them in the U.S., and then re-box the items. Does an entity engaged in this practice have verifiable, written permission and rights to use the logos and trademarks? If not, its possible to become embroiled in an expensive lawsuit.
Businesses must be vigorous not only in protecting their own trademarks and labels, but in avoiding infringement claims. The Ferziger firm advises clients on how to steer clear of legal troubles in these matters.
For legal assistance with counterfeit goods and seizure issues, please contact the Law Office of Rubin Ferziger today at 212-490-8585.