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The global health emergency has become a lucrative business opportunity for domestic and international criminals. The job of selling counterfeit products has grown exponentially during the pandemic as more people have turned to online shopping to purchase everyday items. According to Digital Commerce 360, U.S. e-commerce has grown by 44% during the pandemic. Counterfeiters around the world are taking advantage of the increase in shoppers and supply shortages, and a surplus of fake electronics, household items, hygiene products and pharmaceuticals has made its way into the marketplace. Counterfeit personal protective equipment (PPE), sanitizers and even counterfeit vaccines have been marketed to consumers. According to U.S. Customs and Border Protection Officials, more than 20 million counterfeit masks have been seized since the start of the pandemic. 

Attorneys at Adams and Reese have been at the forefront of anti-counterfeiting and anti-piracy developments and have developed modern initiatives now utilized by many other firms and organizations. We know how challenging it can be to safeguard your brands in today’s global marketplace, and our Global Intellectual Property Team has been a leader in international anti-counterfeiting and anti-piracy strategies.

While many firms focus on litigation alone, Adams and Reese emphasizes the importance of a mix of litigation and non-litigation alternatives, for a more long-lasting impact with a bigger return on investment. Our Team advocates a partnership approach to combating counterfeiting and piracy, and we commonly leverage our global network of contacts from major e-commerce sites, social media platforms, payment intermediaries, law enforcement agencies, and rights-holders, to achieve results.

Adams and Reese is pleased to announce that two attorneys from the firm’s Anti-Counterfeiting Team — Kristina Montanaro Schrader and Maia T. Woodhouse — have authored a chapter in a newly published global guide to anti-counterfeiting law for World Trademark Review; a publication covering the commercial and international practice of trademark law.

In the piece, "Procedures and Strategies for Anti-Counterfeiting: United States," Schrader, and Woodhouse lay out the legal framework of anti-counterfeiting enforcement in the United States. This includes the Lanham Act; measures undertaken by U.S. Customs and Border Protection; the role of the International Trade Commission; criminal prosecution; civil enforcement; anti-counterfeiting on the internet and U.S. litigation; and preventative measures and strategies to build an effective, multidimensional approach to anti-counterfeiting.

View the anti-counterfeiting guide here.