Counterfeit goods are a problem faced by many intellectual property owners. The FBI estimates that U.S. businesses lose between $200 billion and $250 billion each year to counterfeiting.
The purpose of counterfeiting is to trade off of the hard earned goodwill achieved by intellectual property owners. Meredith & Keyhani, PLLC will aggressively pursue counterfeiters. We work with private investigators to determine the extent and location of counterfeit goods and will seek a seizure of the counterfeit goods through the U.S. Marshals Service. Our firm has been successful in filing sealed lawsuits and obtaining ex parte seizure orders. This can be very effective in stopping and preventing misappropriation of valuable intellectual property.
Counterfeit goods having a registered trademark thereon maybe entitled, under the Lanham Act, to a judgment for three times such profits or damages, whichever is greater and reasonable attorney fees. Alternatively, a registered trademark holder may also seek statutory damages. If the court finds that the use of the counterfeit mark was willful, they may assess damages up to $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 15 U.S.C. §1117 (c)(2).
This highlights the importance of registering trademarks with the United States Patent and Trademark Office and particularly goods susceptible to counterfeiting. Goods that are frequently counterfeited include videos, handbags, perfumes, cigarettes, makeup, film, baby food, liquor, clothing, consumer goods such as batteries and even prescription drugs.
If you are having an issue with counterfeit and/or gray market goods contact our office and let Meredith & Keyhani, PLLC protect your intellectual property.