Google: A Gateway For Criminals?

March 4, 2011 14:49 by Bazaar Blogger

This week we came across several articles and Facebook posts from our followers about online advertisements promoting counterfeit products. The problem with these advertisements, beside the fact that they promote counterfeits, is that they are not monitored or regulated. A recent article cited Rosetta Stone, the language instruction software company, demanding that Google be held liable for presenting paid search ads that link to counterfeit sites. Rosetta Stone has had problems with those specific ads using their trademarked name “Rosetta Stone” and linking to a site selling counterfeit software.

Below is an example of an ad recently shared with us by one of our Facebook fans.  When the advertisement is clicked, it brings you to the obviously fake site selling discount designer products.

 

The main question is, should search engines like Google be responsible and held liable for paid search ads on their site? We asked our Facebook and Twitter fans:

  • “If you're not part of the solution then you're part of the problem. Perpetuating the advert of such sites = enabling the practice"
  • “They need to check out everyone they allow to advertise. Called quality control. Everyone pitch in!”
  • “Tricky.”
  • “Yes, Google and Facebook should both be held liable.”

 

Many brands are struggling with counterfeiters using their trademarked brand name or logo in their online advertisements to lure in consumers. This is a trademark infringement and something companies like Rosetta Stone are taking up with the government. Senator Judiciary Chairman Patrick Leahy prepares to reintroduce the Combating Online Infringements and Counterfeits Act and I am sure many brands will be interested in amending that bill to include liability of search engines. 

What are your thoughts on this issue?

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Louis Vuitton Files Complaint With ITC To Fight Fakes

December 9, 2010 10:09 by Bazaar Blogger

Louis Vuitton Malletier SA and Louis Vuitton U.S. Manufacturing Inc. filed a complaint on December 3rd to the U.S. International Trade Commission in Washington to begin an investigation of five companies, both in the U.S. and abroad, for allegedly importing and selling counterfeits and knockoff Louis Vuitton products. This includes everything from handbags to luggage and packaging.

(Image taken from Louis Vuitton website)


According to Bloomberg.com, one of the companies named in the complaint is a Chinese couple from California. They set up a series of shell companies in China and the U.S. to make and sell knockoffs.

If the International Trade Commission finds these allegations accurate, it could prevent the counterfeit goods from entering the U.S. or a cease and desist order against all of the companies Louis Vuitton named in their case from importing into the United States.

As a brand, Louis Vuitton has been fighting counterfeiting for over a century. Georges Vuitton, son of Louis Vuitton, created the signature Monogram Canvas in 1896 in order to fight counterfeits. It was registered as a trademark in the early 1900s and in 1908 the first counterfeiter was prosecuted and sentenced in France. Louis Vuitton now works closely with law enforcement to stop the imitation of their products. On average, the brand aids 29 anti-counterfeiting raids, 91 new legal proceedings and closes three websites associated with counterfeit products per day.


(Image taken from Louis Vuitton website)


The best way to support Louis Vuitton and avoid counterfeits is to buy directly from their authorized retailers. There are only three places you can buy an official Louis Vuitton product and they are from the Louis Vuitton retail stores, online at www.louisvuitton.com and www.eluxury.com. With respect to vintage and second-hand boutiques, our best advice is to do your homework before you buy.

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A Step In The Right Direction For Designers’ Copyright Protection

December 2, 2010 10:53 by Bazaar Blogger

Back in August, Senator Chuck Schumer introduced The Innovative Design Protection and Piracy Prevention Act as a legislation meant to protect designers from copycats and allow them to file for copyright protection for their patterns and designs. The bill has been backed by The Council of Fashion Designers of America (CFDA) as well as the American Apparel & Footwear Association (AAFA). Just yesterday, the legislation was unanimously passed by the Senate Judiciary Committee. According to Elle.com, "The new bill specifically states that it protects ‘unique and original designs,’ so signature brands and young designers that have struggled to keep their logos and designs from being knocked-off can now breathe a little sigh of relief."

 


(Photo taken from NY Magazine's blog "The Cut")

 
So what does this mean for the knockoff industry? If the bill becomes a law it will not eradicate knockoffs for good, but it would limit the availability of counterfeits. Unique designs would be protected by law and those who design, manufacture and sell knockoffs could be punished. Fashionista.com asked Susan Scafidi, intellectual property attorney and director of Fordham’s Fashion Law Institute, about the bill. She said it could “a) protect a new design for three years after it’s been put into production, b) spur creativity in mass retail, and c) stop designers–peers–from knocking each other off.” 

The bill is greatly supported by those who value a designer’s creative integrity and originality, and of course by the luxury designers themselves who are constantly being copied by the counterfeit industry. We found some great responses on Twitter:

"Knockoff's get a knockdown! It's a good day for designers."

"Sorry (not really) for flooding with tweets about the #IDPPA but its passing today is revolutionary for fashion designers!"

"It's A Good Day for Designers. The Senate Judiciary Committee unanimously passes IDPPA!"


We have to say we are pretty excited about this new legislation too!

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Thailand vows to stiffen resolve against the fake trade

July 6, 2009 14:33 by Robert Johnson

Thailand’s Deputy Minister of Commerce has pledged that in the coming 2-8 months the country will show significant gains in its crackdown and prosecution of intellectual property crimes. As evidence of Thailand’s increasingly harsh climate for counterfeiters, the Deputy Minister announced that over 1.7 million fake articles had been confiscated in the first 5 months of the current year.

Read the full story

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U.S. plans to fove forward with ACTA talks

June 29, 2009 06:55 by Robert Johnson

Ambassador Ron Kirk, the United States Trade Representative, announced the plan to move forward with the negotiation of the Anti-Counterfeiting Trade Agreement (ACTA), after it was reviewed by the Obama administration, as part of an ongoing overall evaluation of the current and pending trade agreements.
 
Ambassador Kirk emphasized that the ACTA is an important part of the U.S. trade agenda. Kirk believes that the international community’s continued commitment to its development marks a significant blow to those that participating in global counterfeiting and piracy. In a press release, Kirk stated that “the ACTA negotiations provide an opportunity to toughen international standards for the enforcement of intellectual property rights, making it harder for counterfeit and pirated products to enter our country and making the world safer for the innovation and creativity that are so critical to the U.S. economy.”
 
In the recent past, the negotiations surrounding the agreement have received some criticism for their secrecy, an issue Ambassador Kirk noted would be addressed with a dedicated page on the USTR website as well as an “open door policy” and town hall meetings to engage and inform the public about the proceedings.
 
According to the press release, the next meeting of the ACTA negotiations is scheduled for July in Morocco. The hope is that an agreement will be reached by 2010.

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NY’s New Year’s Resolution? Less Fakes

January 7, 2009 16:12 by LiliAna Andreano

The New York City police force started 2009 off with a big message to Canal Street vendors who peddle counterfeit “designer” goods—not in this town.  Beginning in early December, city inspectors and police officers made a series of raids, the largest of which was on 424 Broadway, a mini-mall housing thousands of counterfeit handbags and other merchandise valuing over $1 million dollars. 

Officers not only uncovered sacks of knockoff goods, but terrible working conditions that endanger the lives of those who work in the building making and selling counterfeit goods. 

“It’s a firetrap,” said Edward Mungin, an inspector with the Department of Buildings assigned to the enforcement unit. “Space heaters, hanging lights, everything about this location is illegal.” 

The raid was just the latest in a concerted effort to close down counterfeit operations in what has become known as the “counterfeit triangle,” in New York City—the blocks between Walker, Canal, and Center Streets. Last year, the city made 2,729 arrests for trademark counterfeiting in a bid to rid New York of poorly made—and illegal—goods. 

New York isn’t the only city taking note of the sharp rise in counterfeiting in the last decade—Los Angeles similarly raided multiple downtown LA locations throughout the holiday season in what they dubbed Operation Clean Sweep. The program yielded 28 arrests, 200,000 counterfeit apparel items worth $2.7 million dollars. Los Angeles businesses lose $5.2 billion annually to the counterfeit market, according to the Los Angeles Anti-Piracy Task Force. 

While counterfeiting has grown recently—encompassing everything from faulty car parts to fake chocolate—local governments have stepped up with special task forces created specifically to fight fakes. 

Photo Credit

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IACC, Homeland Security Meet to Fight Fakes

September 30, 2008 09:18 by LiliAna Andreano

Assistant Secretary of Homeland Security for Immigration and Customs Enforcement, Julie Myers, met with members of the International AntiCounterfeiting Coalition in New York City last week. Ms. Myers and Robert Barchiesi, president of the IACC, held a press conference to discuss how to strengthen government and industry ties to better combat counterfeit goods.

“Are we seeing places where more cooperation is needed?” Myers rhetorically asked Women’s Wear Daily. “Yes.”

Federal enforcement agencies and intellectual property owners have fortified their efforts to cut down on the counterfeit goods market, which costs the American retail industry over $30 Billion yearly.

Concerning its role in increasing consumer awareness about the consequences of purchasing counterfeits, Barchiesi said “In many cases, these are produced by forced labor or in sweatshops. We can get to the consumers and say, ‘Listen, the $5 you just spent, you don’t want to think about where it went.”

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Bipartisan Bill Aims to Fight Fakes

September 18, 2008 09:52 by LiliAna Andreano

On September 10, Congress proposed legislation that would secure more money to enforce intellectual property laws and create greater penalties for offenders.

In addition to stopping fakes domestically, the bipartisan bill would allow the U.S. Trade Representative to crack down on foreign countries ignoring U.S. intellectual property.

“We can’t stamp ‘Made in America’ on an idea, but Congress can do more to protect American intellectual property around the world," said Senator Max Baucus.

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Are Fakes Hurting The Job Market?

August 11, 2008 12:37 by LiliAna Andreano

On August 5, Senator Patrick Leahy (D-Vermont), Chairman of the Senate Judiciary Committee investigating counterfeit crime in the United States said the counterfeit industry is costing the U.S. economy at least $200 billion and 750,000 jobs every year.

Leahy, along with committee member Orrin Hatch (R-Utah), is drafting multiple U.S. Senate bills to protect American citizens and the economy from the onslaught of dangerous counterfeits.

The committee met with automotive and pharmaceutical industry experts and product safety researchers, who also expressed their concern for consumer safety.

“A variety of counterfeit products enter the stream of commerce every day, many posing unsuspected serious fire and electrical hazards that endanger the American public,” said Brian Monks, Vice President of Anticounterfeiting for Underwriters Laboratories, Inc.

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Feds Target Purse Parties

August 4, 2008 14:55 by LiliAna Andreano

U.S. Immigration and Customs Enforcement agents are keeping a close watch on “purse parties,” the potentially dubious get-togethers where knock-off luxury purses and accessories are sold. ICE investigator William Wallrapp told a Nebraska television station that global organized crime rings were responsible for selling counterfeit products to Americans who may see it as “no big deal.” Wallrapp also said that the U.S. government has opened a home base in Virginia specifically to investigate counterfeit criminal activity. 

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