We celebrate this year’s World IP Day theme of IP and SMEs with great enthusiasm as we – the IP community – shine a spotlight on the importance of small businesses to the global economy and of assisting them protect their brand. On this World IP Day, the IACC celebrates the efforts taken by SMEs to advance their brand protection and to partner with organizations like the IACC. And yet, we know the work is not done and that their voice needs to be front and center along with those of large brands.
Over the last two years, the IACC has undertaken important steps to facilitate SME participation in the organization. We’ve established a new SME membership category, an IACC SME Task Force, and an SME Ambassador role, as well as expanded access to IACC programs. We’ve also given them a key role in the organization’s leadership structure with two seat allocations on the IACC Board of Directors so that SMEs can take an active part in guiding the organization’s priorities and key decisions.
In a recent press release, IACC Chairperson Dawn Atlas stated, “The ability for SMEs to take a governance position and have a seat at the table with the biggest brands in the world underscores the IACC’s commitment to SMEs and the importance of their participation on the global brand protection stage.”
Over the next few days, we’ll be highlighting the voices of some of our SME members and program participants to show their perspectives in brand protection. Over the next few months, we will be expanding our initiatives to help our SME members lay the foundations of and boost their brand protection efforts through a Brand Protection Toolkit, networking and learning opportunities, and other resources focused on the IACC’s niche expertise – practical, operational brand protection tools, resources, and connections.
I invite you – our member brands, law firms, investigators, online enforcement and product security companies; our government and intermediary partners – to work with us as we elevate the efforts of small businesses, and our own, to protect our companies and consumers against fakes.
I wish you, your colleagues and families continued health and safety.
Sincerely,
Bob Barchiesi
Inside this issue:
MOU Signing with the IPR Center
Legislative Updates
IACC Annual Conference Update
IACC RogueBlock®Program Participant Spotlight
New Initiatives for IACC SMEs
And much more....
IACC Fights Fakes with the
National IPR Coordination Center
On January 12, 2021, the IACC and U.S. Homeland Security Investigations (HSI) signed a Memorandum of Understanding (MoU) to advance their long history of collaboration in the fight against fakes. The MoU provides an official framework for the IACC and HSI, working through the National Intellectual Property Rights Coordination Center (IPR Center), to enhance operational effectiveness of IP crime enforcement through joint events, law enforcement training, closer engagement between the public and private sector, and information sharing.
Furthering our commitment to helping SMEs fight fakes, we launched a new SME Task Force, which will draw upon the collective experience and expertise of our Small- and Medium-Sized member companies to guide the IACC in developing practical brand protection programs and resources.
The IACC's Annual Conference 2021 has been rescheduled for December 13-15, 2021, at the Hilton Hotel in Orlando, Florida. We are excited to see everyone for this in-person event! For more information and further event details, please visit our conference event page.
Upcoming Virtual Events
We have some exciting new webinars coming up! Stay tuned for additional details and registration.
May
How to stop Counterfeits at the Canadian Border – Get With the Program! The RFA Program Date: May 6, 2021 Time: 12:00pm - 1:00pm ET
IACC LatAm IP Enforcement Webinar Series - Caribbean Date: May 20, 2021 Time: 11:00am - 2:00pm ET
Customs Enforcement – Practical Tips for Brand Protection at the Border
Leveraging Law Enforcement Resources Abroad
Creative Approaches to Brand Protection without a Trademark Registration
Government Relations Basics – Making Your (and the IACC’s!) Government Affairs Resources Work for You
Workshop Dialogues with Intermediary Platforms
Webinar sponsorship opportunities are available. Please email Dawn Sgarlata atdsgarlata@iacc.orgfor further details.
IACC Program Participant Spotlight - RogueBlock®
RogueBlock®, the IACC’s payment processor initiative, is a collaborative effort of the IACC and the payment industry to create a streamlined, simplified procedure for members to report online sellers of counterfeit or pirated goods directly to credit card and financial services companies. The program is open to both members and non-members.
IP & Brand Protection Specialist Fort Wayne, IN, U.S.A.
What is your role in your company/organization?
I handle all intellectual property matters for Vera Bradley. This includes all enforcement efforts against sellers of counterfeit products, overseeing our trademark and copyright portfolio and clearing pattern, collection and product names that go to market.
How does the IACC’s RogueBlock Program fit in to your overall brand protection efforts?
The RogueBlock program has been a lifesaver for Vera Bradley. The bad actors behind the rogue websites spend their days and nights thinking of ways to stay a step ahead of the brand owners by selling counterfeit products on copycat websites. Our experience has been that we get flooded with reports of rogue websites within a very short time frame. This appears to be part of their strategy and can be overwhelming and difficult to track. RogueBlock has been instrumental in connecting the dots between related rogue websites and cutting off payment processing for these websites. Bad actors don’t like not getting paid!!
What do you view as the greatest challenge facing your brand (or rights-holders in general) when seeking to enforce your (/their) rights online?
Our brand only has one person handling all enforcement efforts. It is especially challenging when selling platforms are very slow to remove infringing listings or are unresponsive, which requires “babysitting” the listings to see if action will be taken.
Can you provide 3 tips to other brand owners when pursuing online enforcement of IP rights?
Do not overreach when enforcing. While this might seem like an obvious suggestion, it is the best way to establish credibility with the selling venues and can prevent backpedaling when it is necessary to reverse a takedown.
If your brand has fan groups on social media, even if they are not officially endorsed by your brand, make sure to watch their posts. Fans of your brand can be the best tipsters for counterfeit websites and infringing products.
Screenshots of infringing listings are extremely important when supporting your decision to take down a listing. If your budget allows, make sure to find an outside vendor that can help you with your enforcement efforts. Anytime you enforce outside of your vendor’s portal, make sure to take the time to get the screenshots before the listing is removed. These screenshots have tremendous value, especially during litigation.
Can you share an interesting conversation or anecdote from your participation in the RogueBlock program?
We have had issues with a Chinese website for years that has been selling counterfeit Vera Bradley products and have never been successful in shutting it down. We submitted the information to RogueBlock and they successfully disabled their ability to take credit card payments. Carolyna Marchesani is wonderful to work with and is always willing to help!
Advertisement opportunities in our newsletter are available. Please contact Dawn Sgarlata at dsgarlata@iacc.org. Ads are limited to IACC members.
Legislative Updates
Special 301
Later this month, USTR is expected to publish its annual Special 301 Report highlighting legal deficiencies, inadequate resourcing, market access barriers, and other obstacles to effective IP protection and enforcement.
The IACC filed comments on January 28th, in support of this interagency review by the U.S. government, detailing IACC members’ priorities in 35 jurisdictions. The full text of our recommendations is available on theIACC website.
Congressional Engagement
Despite continuing obstacles to in-person meetings, due to both the pandemic and increased Capitol security measures in the wake of events this past January, the IACC has stepped up its efforts at virtual engagement to educate lawmakers about rights-holders’ priorities. We continue to work collaboratively with like-minded organizations such as the Digital Creators Coalition to highlight concerns on a number of online issues, and have participated in virtual meetings with several members of Congress and high-ranking staff from relevant committees.
Biden Administration
President Biden’s nominees continue to be confirmed at a swift pace – to date, all of his Cabinet-level picks have been confirmed; but many key posts with a role in IP protection remain to be filled. The IACC has urged the Administration to move quickly in appointing a new Director of the Patent and Trademark Office, and Intellectual Property Enforcement Coordinator, among others.
We were pleased to see the recent confirmation of Katherine Tai as U.S. Trade Administration; Ambassador Tai has a wealth of experience on issues related to intellectual property and international trade, and has gained an excellent reputation in Washington and abroad for her expertise.
President Biden has also recently moved to fill an important border enforcement vacancy with his nomination of Chris Magnus to be the new Commissioner of U.S. Customs and Border Protection. Mr. Magnus previously served as the chief of police in Tucson, Arizona, and has served in law enforcement for three decades.
Regulatory Action
U.S. Customs and Border Protection recently published for comment an Interim Final Rule relating to the implementation of the Synthetics Trafficking and Overdose Prevention Act of 2018 (STOP Act). While the law in question was nominally focused on addressing illicit imports of synthetic opioids by requiring the provision to CBP of advanced electronic data for international mail shipments, such information could also prove exceptionally useful in combating the influx of counterfeit goods via small parcels.
We are currently reviewing the text published by CBP in consideration of filing comments, and would welcome any input you might have.
IACC Elevates Candice Uzoigwe and Lara Miller to Senior Leadership Roles
In March, the IACC announced that Candice Uzoigwe was promoted to Senior Vice President, and Lara Miller to Senior Counsel. In their new roles, Candice and Lara will take a hands-on role in developing the strategic direction and vision for the IACC in collaboration with the IACC President and Board of Directors.
The IACC's membership includes a broad range of IP enforcement expertise around the world. We are excited to include this Resource Section in our Quarterly Newsletter where we share interesting insights, research studies, white papers and other thought pieces from our members with our IP community. If you are a member and would like to submit relevant material to be included in our next newsletter, please contact Dawn Sgarlata at dsgarlata@iacc.org.
Disclaimer: The IACC is providing these links as a courtesy to our members; the IACC has not independently verified any claims or assertions contained therein. Further, the views expressed in each of the linked resources are those of the respective authors, and their inclusion should not be interpreted as an endorsement by the IACC.
The survey is based on an integrated approach to market data collection. It comprises data gathered during the second wave of polling consumers of fake luxury goods and a survey that examined activities of sellers of fake goods on social media and online marketplaces.
By Daniel Bennett - Daniel addresses how the accusations of forced labor in the cotton heartlands of China could have serious consequences for brand owners and point to an increased need for socially responsible brand protection.
By Malia Ladd - With the number of streaming subscription services increasing, Malia questions whether “subscription fatigue” among consumers may provoke a rise in digital piracy and how this can be answered by IP professionals and content owners.
Counterfeit spark plugs from the well-known brand NGK were found for sale in the Bolivian market, in El Alto and La Paz cities. As these imply a risk to society, Cervieri Monsuárez took action to seize and destruct these products and had a successful procedure.
by Angelo Mazza - Angelo takes a look at post-pandemic IP enforcement issues and how brands can adapt to new realities and leverage data driven enforcement.
One thing is for sure: 2020 changed ecommerce forever. This makes it critical for brands to stay ahead of the modern Brand Protection strategies to protect their online sales in today’s digital world. Whether they are new to the world of brand protection or well-versed on the topic, if a company is selling online, this guide is for them. Red Points’ brand protection guide provides actionable tips and critical guidance for brands and professionals looking to protect their online revenue, brand reputation, consumer safety, and Intellectual Property (IP).
Any product at present is vulnerable and is at risk to the consequences of counterfeiting activities. Managing innovation securely is key for any company to not only survive but thrive in today’s economy. Read the latest e-paper by SICPA to find out more about product authentication and evidence-based investigation in the fight against fakes.
