What are the top 2 challenges in IP enforcement you see affecting your industry over the next year?
1 – The quality of counterfeit goods is getting better, and I am surprised about the difficulty in assessing the authenticity of sample purchases from time to time. This is a horrible trend, because the moment consumers don’t realize there is a difference in quality, it will become even more difficult to educate consumers on the dangers of fakes.
2 – As the volume of goods offered for sale and sold by third-party marketplaces and sellers increase exponentially, the more resources are required by all stakeholders to address the issue. It’s no secret that third party marketplaces are littered with fake goods, and the volume is increasing at worrying rates.
What are your top 2 recommendations to a brand that is building up its IP enforcement program?
1 – Turning a negative consumer experience with the brand (as a result of purchasing fakes) into a positive one - processing a chargeback or assisting with complaints to the appropriate law enforcement agency, for example.
2 – Strategize to achieve the end goal based on budget. Every brand has a different approach, and the best legal advice strongly considers your business interests every step of the way.
As much as brand protection has changed over the years, it still requires a ‘transaction’ – ‘money’ in exchange for ‘goods’. Try not to lose sight of the simplicity of it all!
Who has influenced you most when it comes to how you approach your work?
My father. I was fortunate enough to attend my first IACC conference before I was a lawyer, and I couldn’t believe how many industry leaders looked up to him, and respected his approach. Until that time, I mostly viewed him as a ‘strict’ parent. I continue to learn from him (especially because he will never retire, haha). A few gems from my childhood: ‘Work hard, and good things will happen’, ‘Always try your hardest, and don’t compare yourself to others’, and ‘Never boast about your successes’. I think that last one was lost on me, but we can’t all be perfect!!!
Contact info: dl@lipkus.law
