Download Trademark Counterfeiting, Product Piracy, and the Billion by Paul Paradise PDF

By Paul Paradise

Referred to as the enterprise crime wave of the twenty first century, trademark counterfeiting and product piracy are world wide in scope and value the U.S. financial system billions of bucks each year. excessive know-how and the globalization of commercial have made it attainable to counterfeit and pirate a likely unlimited variety of items, from t-shirts, clothier denims, movies and books to car and aircraft elements, and prescribed drugs. The 1995-1996 exchange dispute among the U.S. and China exhibits how critical the matter has develop into for American enterprise and for U.S. diplomatic family. Paradise explores the historical past of counterfeiting and piracy, exhibits how they're performed, and the innovations that U.S. companies are utilizing to strive against them. With interviews, remark, and anecdotes by way of company legal professionals, company leaders, and personal investigators, this well-written booklet is vital for a person drawn to the wear that violations of highbrow estate legislations are causing on global alternate and what's being performed to forestall it.Paradise lays out the matter in bankruptcy 1 with a transparent rationalization of the variations among logos, copyrights, and patents, and the legislation overlaying each one. In bankruptcy 2 he seems on the position performed by way of equipped crime, grey marketplace items, the shortcoming of highbrow estate legislation, and finally the probability to U.S. enterprise. He discusses the new investigations and disputes with China, and its aftermath all through Southeast Asia. bankruptcy four makes a speciality of the knockoff, bankruptcy five on road peddlers and flea markets (and how retailers are retaliating), and bankruptcy 6 at the monitoring of counterfeiters. The leisure industries and the pharmaceutical industries are then heavily tested. He follows with both complete (and chilling) reviews of vehicle and airplane components counterfeiting and piracy in our on-line world. Paradise ends with a glance at what's being performed to counteract the inroads that piracy and counterfeiting have made into the worldwide economic system, and provides a provocative demand extra and higher efforts sooner or later.

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Extra info for Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy

Sample text

If it determines the trademark is entitled to registration, the mark is published in the USPTO’s Official Gazette. Persons believing they will be damaged by the registration may file an opposition with the USPTO within thirty days of publication. If all requirements are met and no problems arise, a certificate of registration is issued. S. Patent and Trademark Office,” “Reg. S. Pat. & Tm. Off,” or the letter R enclosed within a circle. Notice is not mandatory; however, profits and damages cannot be recovered under federal law unless it is used or the infringer actually knew of the registration.

S. Code, Title 15, Chapter 22]: A word, design, symbol, device, or combination used by a manufacturer or merchant to identify his goods and distinguish them from others. Trademarks include brand names identifying goods, service marks identifying services, certification marks identifying goods or services meeting certain standards, and collective marks identifying goods, services, or members of a collective organization. S. Code, Title 17]: An original work of authorship that meets the criteria of originality, tangible form, and fixation.

The remedies available (under federal law and most state laws) are: (a) an injunction against future infringement; (b) the infringer’s profits; (c) damages for past infringement (which may be trebled under federal law); (d) destruction of all materials bearing the infringing mark; and (e) court costs and, in exceptional cases, reasonable attorney’s fees. Criminal penalties and stiffer civil remedies are available under federal law (and some state laws) for intentionally dealing in goods or services knowingly using a counterfeit mark.

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