August 2015

Andrew Muir and Erica Brand Portnoy write “Criminal Counterfeiting: Tips for Successful Collaboration With Law Enforcement” for InsideCounsel


The third installment in a six-part series from Sideman & Bancroft

The first article in this series discussed how brand owners must recognize threats from their own sales partners. The second article revealed how to implement a due diligence program for third-party partners. However, the biggest threat to your brand may come from beyond your organization and your business partners. If your company’s products are in high demand, criminals are astutely aware that there is money to be made from counterfeiting your goods.

Once your team identifies a counterfeit threat, you will want to develop a plan to address it. You may decide that the threat is small, and you will only need to monitor to ensure it does not mushroom into something more serious. Or, you may decide that a more active response is needed, to stop the counterfeit trafficking and to send the right deterrent message. Making a referral to state or federal law enforcement may be the best approach under the right circumstances.