Please view this month's Member Spotlights!

We thank all of the participants for contributing and sharing their expertise with us. Member companies are randomly chosen each month to participate as a way to connect and educate our member community. To view our previous member spotlights, click here. 

Gustavo Noyola  

IDEAS IPS 

Partner 

Guatemala

What is one way a brand with a mature IP enforcement program can take their efforts to the next level?

I believe the way is to follow up on the efforts that they have started in the different jurisdictions. I´ve seen brands that change strategy because of management changes and the efforts made before the change are not used. All the efforts and actions teach something that will help improve the program in order to take it to the next level. So I really think being constant and following a clear objective will always improve the enforcement program, building a good team and infrastructure.

What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?

At the beginning of 2024 a new government entered into power, this new government is trying to make some changes in the authorities which are affecting the customs authorities, and this affects the enforcements actions, since official are being assign to other task force different than customs, so it makes it more challenging to identify counterfeits.

Also, currently the election of Judges of Supreme Court is in process, this will have an effect change of judges in several courts and this transition can delay current processes.

What hobbies or causes are you passionate about? 

I´m passionate about soccer (football), I really liked to play however a couple of injuries made me retire early, but I follow my local team Comunicaciones and Guatemala national team, but what I think I enjoy the most is watching Real Madrid games, but I enjoyed going to all major stadiums. I believe I´ve been lucky and I´ve had the opportunity to be in the most emblematic stadiums such as Wembley, Maracana, La Bmbonera, Estadio Azteca, Signa Iduna Park and of course Santiago Bernabeu, among other stadiums which show passionate soccer really is and that something I love.

Contact info: noyola@ideasips.com 

Jeff Hallam 

Sideman & Bancroft 

What is one way a brand with a mature IP enforcement program can take their efforts to the next level? 

An anticounterfeiting enforcement program should consider the benefits of criminal referrals. Many brands are reluctant to refer matters to law enforcement because of their unfamiliarity with the criminal justice system or because they are concerned about a loss of control. Significant counterfeiting operations that threaten the health and safety of the public may warrant a criminal referral where a conviction and jail sentence can provide the maximum deterrent effect and which may result in significant damages paid to the brand in restitution. A criminal referral is also quite cost effective as compared to the significant expense associated with civil litigation.

How do you show your clients the value of brand protection?

Our brand protection representation focuses on proactive approaches to preventing the harm that may be inflicted on a brand.  Advising our clients about how to put systems in place to prevent harm instead of only reacting to harm that has already occurred may result in metrics that can quantify the return on investment in a company’s brand protection program. The use of technology in this effort is also critical, and Sideman & Bancroft is a co-founder of True Pedigree, a technology company that has developed solutions to proactively address counterfeit, gray market and channel compliance issues.

What’s your favorite famous or inspirational quote?

“Be yourself; everyone else is already taken.” Oscar Wilde

Contact info: jhallam@sideman.com 

Ryan McFarland  

Strider Sports International, Inc.

What’s one piece of advice you can give a brand looking to enforce their IP?

 
For global IP protection, the first step is to secure the trademarks in all necessary classes in all territories as early as possible, even before you think you need them. Many territories are first to file, and if a person waits until the trademarks are needed in a certain territory, it will probably be too late to obtain them. Having good early coverage on market entry sets a person up for better success.

What 2 things contribute to a successful brand protection program?

1.    It is impossible to protect everything so focus on the most important elements of the brand.  The primary brand name is key. Model names and component names are significantly less important than top-level brand. If all resources and efforts are focused on the top-level brand name, then the other details will take care of themselves. Don’t let them erode your focus or your resources.
2.    It is impossible for the brand to monitor this effectively internally. Subcontract this to a company that has sophisticated means to perpetually monitor the internet for your brand presence and the ability to shut down rogue companies who are using your brand without permission.

What’s your favorite famous or inspirational quote?

“Simplicity is the ultimate sophistication.” -Leonardo Da Vinci

The IACC would like to welcome our new members!

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