News & Analysis as of

Counterfeiting

Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - October 8th - 9th, Santa...

ACI’s 3rd Annual West Coast Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Product is the must-attend event for cosmetics and personal care professionals looking to navigate the toughest legal,...more

Dickinson Wright

Amazon Strengthens Brand Protection for Trademark Owners: Key Updates in 2025

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As trademark infringement and counterfeit sales continue to disrupt legitimate business on Amazon, Amazon has developed and expanded its intellectual property enforcement tools. In 2025, Amazon introduced enhancements to its...more

Gibney Anthony & Flaherty, LLP

Bipartisan Bill Introduced to Combat Counterfeit Imports

Senators Chuck Grassley (R-Iowa) and Maggie Hassan (D-N.H.) introduced bipartisan legislation to detect and combat counterfeit and pirated imports. Companion legislation is also being introduced in the House by Reps. Blake...more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

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In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Proskauer Rose LLP

Three Point Shot - August 2025

Proskauer Rose LLP on

Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

Adams & Reese

United States: How a multi-pronged legislative approach is curbing the online trade in fakes

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Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The...more

Robinson+Cole Data Privacy + Security Insider

Kentucky AG Sues Temu for “Stealing Kentuckians’ Data”

Following in the footsteps of almost two dozen attorneys general in other states, Kentucky Attorney General Russell Coleman filed a lawsuit on July 17, 2025, against Chinese online shopping platform Temu, alleging that it...more

Cozen O'Connor

The State AG Report – 07.24.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Latest Texas AG Food Probe Puts Mars in a Sticky...more

Cozen O'Connor

Kentucky AG Sues Temu over Alleged Data Misuse and Counterfeit Sales

Cozen O'Connor on

Kentucky AG Russell Coleman filed a lawsuit against PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging widespread violations of state consumer protection laws. According to the complaint, the Temu shopping app...more

Katten Muchin Rosenman LLP

Chanel's Legal Victory Sends a Clear Message: Authenticity Isn't Just a Luxury — It's the Law - The Katten Kattwalk | Issue 29

"Hard times arouse an instinctive desire for authenticity," Coco Chanel once said. Chanel, the eponymous company, has taken this motto to heart in its unwavering commitment to protecting its intellectual property — an effort...more

Jones Day

Brand Protection and Enforcement Under the DSA: Opportunities and Challenges

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The Digital Services Act ("DSA"), which entered into force for all intermediary services and online platforms in February 2024, aims to modernize and harmonize the regulation of third-party content across the EU. It notably...more

K&L Gates LLP

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

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Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of...more

K&L Gates LLP

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

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In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and...more

Venable LLP

USPTO Guidance for Online Fakes

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The numbers of online fakes have exploded in recent years, creating increasing issues for a broad array of consumer goods manufacturers and retailers, from luxury clothing and leather goods to car parts or smoking...more

McDermott Will & Schulte

Guiding the Fight Against Fakes: PTO Opens Public Comment Period

The US Patent & Trademark Office (PTO) issued a notice inviting feedback from intellectual property rights holders and online marketplaces regarding proposed voluntary guidelines aimed at curbing the sale of counterfeit goods...more

McDermott Will & Schulte

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2025 #3

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The settlement of a $2.8 billion federal class-action antitrust lawsuit filed by athletes against the NCAA and the largest conferences (ACC, Big Ten, Big 12, Pac-12 and SEC) was approved by the defendants and plaintiffs in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Tariffs and IP: An Unintended Collision

Intellectual property (IP)—including patents, trademarks, copyrights, and trade secrets—remains a key driver of innovation and competitive advantage for American businesses. But in today’s global trade environment, especially...more

Skadden, Arps, Slate, Meagher & Flom LLP

Regulatory Strategies To Combat Counterfeit Beauty Products

Increases in Counterfeit Beauty and Personal Care Products - The rise of e-commerce has led to increasing sales of counterfeit or noncompliant beauty and personal care products, including many that are knockoffs of...more

Fenwick & West LLP

Tariff Turbulence: Legal Risks Rising as Counterfeits and Dupes Surge

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Recent tariff increases are not only disrupting beauty brands’ supply chains and pricing strategies—they're also amplifying legal risks associated with counterfeit and "dupe" products. As authentic goods become costlier,...more

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

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The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

K&L Gates LLP

Fashion Law Update – February 2025

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In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past...more

McDonnell Boehnen Hulbert & Berghoff LLP

2024 Report on Notorious Markets

The Office of the U.S. Trade Representative (USTR) issued its "2024 Review of Notorious Markets for Counterfeiting and Piracy" on January 8th, directed to "prominent and illustrative examples of online and physical markets...more

Saul Ewing LLP

The Biggest Trademark Decision of 2024: Penn State Takes on Ornamentality and Wins

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On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit...more

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