Anti-Counterfeiting & Brand Protection Attorneys
Brand Protection Team Lead
Contact Nick directlyWith the development of the global economy, the rate of product counterfeiting has increased significantly. Companies face tremendous obstacles when it comes to identifying counterfeits, removing them from the market, and holding the companies responsible for the counterfeit items accountable. At Oberheiden, P.C., our dedicated team of anti-counterfeiting lawyers are highly experienced with occupying this complex legal space and can effectively advise and represent companies when they believe others are counterfeiting their intellectual property.
Developing an effective anti-counterfeiting program is incredibly labor-intensive and beyond the scope of most companies’ expertise. To stay on top of potential counterfeiters, companies must ensure a vigilant online presence and take enforcement action whenever counterfeits are suspected. Otherwise, counterfeiters will fearlessly continue their illegal activity with little fear of consequence. At Oberheiden, P.C., our dedicated team of anti-counterfeit lawyers takes an aggressive and comprehensive approach to enforcing our clients’ intellectual property rights. We are prepared to immediately begin working on identifying all sources of counterfeits and taking prompt action to get the products off the market. Our experienced team of litigators can also ensure that those who counterfeit our clients’ products are held responsible, sending a message to other would-be counterfeiters about the consequences of intellectual property theft.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Services the Anti-Counterfeit Lawyers at Oberheiden, P.C. Provide to Corporate Clients
Your company put significant time and expense into developing its products. And when another party begins selling counterfeits of your product, it can have both a direct and indirect impact on the company’s bottom line. For example, counterfeit products detract from sales as prospective customers are offered a lower-cost alternative for a product that often looks and feels very similar. Additionally, the existence of counterfeit products in the market can mislead the public about the quality of your product, potentially leading to a loss of goodwill.
Given the risks that counterfeit products pose to your company, it is essential that you take an aggressive stance at the first sign of counterfeits. At Oberheiden, P.C., we’ve assembled a dedicated team of anti-counterfeit lawyers who work domestically and abroad to enforce our clients’ intellectual property rights. The following are some of the services our anti-counterfeiting defense team provides:
- Brand Protection
- Anti-Counterfeiting & Trademark Piracy
- Copyright Counterfeiting Enforcement
- Customs & Border Protection IP Rights Enforcement
- Illegal Gray Market Goods Enforcement
- Luxury Brand Protection
- Online Seller Enforcement
- Software Counterfeiting Enforcement
- Trademark Counterfeiting Enforcement
Often, businesses are aware of the risks counterfeit products pose but lack the time or knowledge to develop an effective response. At Oberheiden, P.C., our brand protection attorneys are prepared to immediately intervene and protect your company’s rights, its image, and its bottom line.
Challenges Businesses Face When Enforcing Their Intellectual Property Rights
The first sign that counterfeit products exist often comes from a disgruntled or curious customer. However, once you identify that there are counterfeit products on the market, it’s only the beginning of a lengthy process to get them removed. As a company, you will face tremendous challenges when attempting to enforce and maintain your intellectual property rights, including:
Tracking down the counterfeiter – Often, those who create counterfeit items intentionally make themselves difficult to find. Unlike an above-board product, it can be difficult to determine the origin of counterfeit products, let alone who was responsible for their creation.
Collecting from the counterfeiter – Even if you can identify the counterfeiting party, in many cases, they do not have sufficient assets to cover any damages award. Counterfeiters may also try to hide behind a business entity, such as a corporation or an LLC, claiming it shields them from personal liability.
Identifying the appropriate claims – Intellectual property laws are notoriously complex, and there is a wide range of claims that companies can file to protect their IP rights. However, many of these claims sound similar, and, absent a detailed knowledge of IP law, bringing an IP enforcement action can quickly become overwhelming.
Additionally, developing an anti-counterfeit strategy is not a one-time event. Companies must remain ever-vigilant in enforcing their IP rights; otherwise, the removal of one counterfeit will almost certainly result in another taking its place. Businesses have to take an aggressive stance when it comes to counterfeit products to send a strong message to any would-be counterfeiters.
Brand Protection & Anti-Counterfeiting FAQ:
Why don’t we call ourselves the “best anti-counterfeiting attorneys”?
At Oberheiden, P.C., we believe that our experience speaks for itself. Thus, we don’t need to rely on marketing gimmicks or make statements about our services that cannot be verified. As lawyers, we have an ethical duty to refrain from making any potentially misleading statements to the general public or to prospective clients, and because we believe that the term “best” is misleading when used to describe a lawyer’s services, we choose not to use it.
What is the Lanham Act?
The Lanham Act is a federal law dealing primarily with trademarks. When most people think of trademark litigation, trademark infringement comes to mind. Certainly, this is a large part of what the Lanham Act covers; however, the scope of the Lanham Act is quite broad in that it also covers trademark dilution and false advertising. Under the Lanham Act, courts can restrict the importation of goods that violate a trademark and can issue injunctions and award monetary damages in cases involving trademark dilution and false advertising. At Oberheiden, P.C., our dedicated team of anti-counterfeiting lawyers are highly experienced with litigating Lanham Act claims, and other IP enforcement claims in federal court.
What is intellectual property?
Intellectual property is the term used to describe certain intangible creations of the mind, such as patents, trademarks, copyrights, and trade secrets. While intellectual property is not tangible, creators of physical often hold intellectual property rights related to those goods. For example, the manner in which the product is designed, the brand name included on the product, and the brand’s logo are all forms of intellectual property. Businesses devote years to creating products, developing a brand image, and fostering a good name in the community, all of which are, in some part, based on intellectual property. Unfortunately, it is common for counterfeiters to try to profit from another’s hard-earned intellectual property.
Contact Oberheiden, P.C. to Discuss How Our Brand Protection Lawyers Can Help Your Company Eliminate Counterfeit Products and Hold the Responsible Parties Accountable
If you recently discovered that your company’s products are being counterfeited, reach out to the anti-counterfeit lawyers at Oberheiden, P.C. for immediate assistance. Our attorneys are standing by, waiting to speak with you about your situation and develop an effective anti-counterfeit strategy designed to eliminate counterfeit objects in the most cost-effect and efficient way possible. To learn more, and to schedule a free consultation with a senior attorney at Oberheiden, P.C., call 888-680-1745. You can also reach our anti-counterfeiting attorneys through our online contact form.
