How to Counteract Copyright and Trademark Infringement on the Internet?
Counteracting Copyright and Trademark Infringement on the Internet
With the advent of the Internet, counterfeiting has become a serious problem for consumers, brand owners, and governments alike. Trademark infringement and copyright infringement especially have become abundant problems as the Internet emerges as an especially important e-commerce tool. In order to counteract trademark infringement and copyright infringement, anti-counterfeiting measures can be enacted on a variety of levels.
Factory Level — One method used by the community, “Collectors Proof,” enables manufacturers to associate unique identification numbers with their items so that each new owner can update its chain of custody, a provenance that counterfeiters would be unable to provide. Similarly, the International Hologram Manufacturers Association uses unique holograms during the manufacturing process as an anti-counterfeiting method. In a similar vein, companies may have different parts assembled at different factories or limit the number of parts available to manufacturing factories so that extra parts may not be siphoned off to make counterfeit products. Likewise, the brand owners may also require the factory to account for any unused, faulty, or damaged parts. While such strict tracking of inventory can be expensive, failing to battle trademark infringement or copyright infringement will always end up costing the brand owner more.
Retail Level — If a company waits to enforce anti-counterfeiting measures at the retail level, it usually takes the form of legal action such as an injunction or a lawsuit. Therefore, retail-level action is somewhat retroactive compared to that at the factory level. However, once word gets out that a business actively enforces its rights, this often proceeds to create a deterrent effect.
Global Level — There are also anti-counterfeiting measures at the global level. For example, the Anti-Counterfeiting Trade Agreement (ACTA) is a global initiative aimed at strengthening the legal framework for combating global counterfeiting and piracy. Other signatories apart from the United States are Australia, Canada, Korea, Japan, New Zealand, Morocco, the European Union, Mexico, and Singapore. ACTA also aims to target illegal generic copies of medications on the Internet and create a new intellectual property-oriented governing body outside the World Intellectual Property Organization, World Trade Organization, and the United Nations.
For more information, see our blog post Counteracting Copyright and Trademark Infringement on the Internet.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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