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29 November 2018

European Union and United States announce record-breaking counterfeits crackdown; do domain seizures actually train infringers?

This week, both Europol and ICE reported record-breaking numbers in regard to takedowns of domain names selling counterfeit products. One expert tells us that infringers have found an easy solution to this temporary obstacle.

07 June 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

07 December 2017

ECJ’s Coty decision a major win for luxury brands but question marks remain for other sectors

The European Court of Justice handed down its much-anticipated Coty judgment this week, ruling that brand owners may restrict the online sales of their products through third-party platforms.

29 November 2017

European Commission unveils plans for IP Market Watch List, a major new tool in the fight against fakes

​​​​​​​The European Commission has presented a series of measures designed to ensure that IP rights are better protected, in a bid to spur innovation and creativity in EU-based companies. 

28 November 2017

Fighting fakes over the festive period: anti-counterfeiting activity steps up as shopping season begins

With Black Friday and Cyber Monday having kick-started the online shopping season, government agencies and associated organisations have stepped up their anti-counterfeiting messaging and enforcement efforts. 

08 November 2017

EUIPO publishes second study on online business models which infringe IP rights

The EUIPO has published the results of research into trademark infringing e-shops that utilise previously used domain names.

28 September 2017

Unpublished EU study casts doubt on displacement of sales by online infringement, but the reality is nuanced

The EU Commission has come under fire for failing to to publish a €360,000 study of the economic costs of piracy – the report was only released after a member of the European Parliament obtained a copy following a freedom of information request. The report suggests that piracy has little negative effect on sales of copyrighted material, although the findings are slightly more nuanced than that headline conclusion. While it does not directly address the consequences of trademark infringement, it will stir up debate about the economic costs of counterfeiting.

08 September 2017

EU General Court upholds Chanel’s claims of infringement

Chanel SAS v EU Intellectual Property Office dealt with a registered Community design (RCD) intentionally devised to copy the Chanel monogram. The case demonstrates that rights holders are fighting back against the emerging counterfeiting trend of RCDs which look suspiciously similar to well-known designs and trademarks, and that the courts and IP offices are finally listening.

01 September 2017

Landlord liability for counterfeits – coming soon to Canadian premises near you?

In Canada, there is as yet no clear precedent for holding a landlord liable as an intermediary for dealings in counterfeits on its premises. However, a case launched last year by Louis Vuitton could be about to change this

18 May 2017

Border seizure measures in the European Union

As a single market composed of 28 member states with 500 million consumers, the European Union is a highly attractive business market – and a prime target for counterfeiters. The EU Customs Regulation is the most cost-efficient and strongest tool to fight counterfeiting, given the investigative powers of customs authorities throughout the European Union.

01 January 2017

European Union: Trademark owners versus counterfeiters: the EU customs regime

While the EU customs regime is a cost-efficient tool for combating counterfeiting, its scope is threatened by changes in how counterfeiters operate and the fallout from Brexit

03 October 2016

EU customs seizures skyrocketed in 2015; concerns raised that counterfeit issue being ‘massively underestimated’

The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem.

15 July 2016

EUIPO and Europol step up efforts against online infringement

The EU IP Office and Europol have joined forces to launch the IP Crime Coordinated Coalition, which will provide operational and technical support to law enforcement agencies. The move comes shortly after a new study revealed the diversity of business models being used by infringers online.

13 July 2016

ECJ intermediary decision is a victory for brand owner collaboration; REACT reveals more to come

Last week, the European Court of Justice confirmed that operators of physical marketplaces could be held liable for the sale of counterfeit and other illicit goods by market traders. While deemed a significant win for IP owners, the decision also demonstrates the effectiveness of joint-party legal actions – with experts telling World Trademark Review that they strongly encourage more precedent-setting collaborations.

07 April 2016

The good, the bad and the stubborn: study highlights challenge posed by attitudes towards fake goods

The EUIPO has released new research into attitudes to piracy and counterfeiting among young consumers. The research, which comes in at 248 pages, contains a wealth of information – but not all of it is easy reading for those tasked with winning over hearts and minds in the fight against counterfeit goods.