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Telephone: 847-842-0999 Fax: 847-842-0998 GregEllisEsq@sbcglobal.net

 C O U N T E R F E I T      B U S T E R S

WE OBTAIN PERMANENT INJUNCTIVE RELIEF

AGAINST INFRINGERS FROM THE U.S. FEDERAL COURTS.

WE PROTECT YOUR BRAND INTEGRITY

Suing the counterfeiters is the only sure way of getting results.  We vigorously pursue your legal remedies to stop and deter future trademark infringements.

We design and engage litigation strategies for manufacturers to deter future counterfeiting of their products.

Legal tools employed include: Ex Parte Temporary Restraining Orders (TROs), Orders of Seizure and Asset Seizures.  The TROs are converted to Permanent Injunctions and enforceable Judgments.  National preliminary injunctions and Seizure Orders can be used under the proper circumstances.

You need our legal services because your fake products are readily available on the internet or elsewhere in the distribution chain.  Legal action should be taken as soon as you detect counterfeiting activity.  The counterfeiters should realize that no level of infringement of your trademark will be tolerated.

The Doctrine of Acquiescence

Be aware.  You cannot turn a blind eye to the counterfeiting problem.  You must take affirmative steps to protect your trademark and brand integrity or the courts may not allow you to take advantage of their enforcement powers.  Acquiescence is defined as the failure to take action against infringing parties, or otherwise indicating, implicitly or explicitly, that nothing will be done about the infringing action.  Acquiescencing can lead to abandonment of trademark rights.  Acquiescence, sometimes known as tolerance, to infringement of intellectual property rights.  The Seventh Circuit Court of Appeals in Chicago, Illinois has clarified that acquiescence is not to be ignored "where the trademark owner, by affirmative word or deed, conveys its implied consent [to use] another."  The Court held that acquiescence is then, at most a defense such that a trademark owner is deprived of a remedy for infringing uses by others, but still retains the right to use the mark.  The courts are not clear on how long a period of acquiescence is necessary to hinder your trademark.  The international European treaties specify five (5) years and at least one (1) state (Alabama) has been using a four (4) year statue of limitations.  In any event ignoring counterfeiters and infringers is at your own peril.

Our goal is to stop the distribution of counterfeit products over the internet, through the mail, and otherwise. Such as:

We all know counterfeits are illegal. To traffic in them is a crime. So why doesn't the U.S. government stop the open and notorious pirates? They would if they had the manpower and the inclination to shut down this "victimless" crime. Counterfeiters are blatant and brazen thieves. Clearly counterfeiting costs manufacturers millions of dollars and jeopardizes consumer safety.

§§18 U.S.C. 2318 & 2320 criminalizes the trafficking of counterfeit trademarks. The government tends to target people with warehouses full of counterfeit Nike shoes or large caches of illicit goods such as fake Lipitor. However, so called white collar theft of brand identity is not a priority with law enforcement. The United States Congress has addressed the issue, but without much success.  Further, luxury products and consumer goods take a back seat to products involving health and safety issues. For example, counterfeit Colgate toothpaste with anti-freeze, replica cell phone batteries that explode, or important drugs that are fake and don't work. Counterfeit auto parts and aviation parts pose great inherent risks.

On the other hand, the civil statutes such as the Lanham Trademark Act provides stiff enforcement regulations providing for draconian remedies. Civilly we can impose large fines, enter seizure orders, cease and desist orders, and injunctions. (temporary and permanent). These orders are enforced by armed U.S. Marshals and enforced through contempt of court with risks that the court will place individuals in jail or impose large fines.

The government tends to go after people, but not websites. For example, guys selling handbags at a store, selling fakes out of his trunk, re-labeling software and selling at full price. etc,

The government has not aggressively targeted the internet and on-line shopping. You have to do that yourselves - the law gives us the tools to shut down the websites blatantly selling replicas, phonies, tributes and knock-offs. The websites are out in the open - in your face. They say they have the best quality replica watches, handbags, pens, you name it. Obtaining injunctive relief against counterfeiters is a sure thing. They have no defenses when we bring your matter before a U.S. Federal Judge you will win and get justice.

All Swiss watch manufacturers - (at least 500) are members of the Federation of the Swiss Watch Industry (FH). This trade group should act on behalf of its members to shut down online counterfeiting through litigation.

Ripping off fine watchmakers has become legitimate. The counterfeit replica watch sites boast that all the trademark logos are in exactly the same place as the originals. The logo is on the stem, etched in the crystal, and the hologram - security label is duplicated and the watch band clasp is identical with all the trademarked symbols.

The counterfeiters are too proud of their "duplication" of a $20,000 (USD) piece of art and engineering that they want to sell them to the world and they do - and for only a fraction of the price of an original - from $200 to $1,000. The watch movement is a Chinese, a Japanese or even a Swiss made automatic movement. However, it's like comparing a Chevy to a Rolls Royce. These replicas dilute and tarnish the trademark owner's product and irreparably harms its reputation.

Their websites are not ashamed of their inferior products. They don't usually sell the counterfeit as the genuine article. They tout the fake watches, for example, as:  

1) Luxury replica watches;

2) Quality knock offs

3) Top quality imitation wristwatches

4) AAA Grade 5 Star counterfeit Swiss replicas

5) Swiss replica watches

6) Exquisite replicas

If your brand identity and trademark integrity has been or is being compromised contact Attorney Gregory J. Ellis at 847/842-0999. GregEllisEsq@sbcglobal.net

All websites do business in Chicago so we can SUE - GET AN INJUNCTION and

STOP THE DAMAGE AND ENFORCE YOUR INTELLECTUAL PROPERTY RIGHTS!

Bogus pharmaceuticals; Pirate CD's & DVD's; and Replica Swiss watches are seized and destroyed by court order. The new Anti-counterfeiting Act requires confiscation and destruction of counterfeit products.

Replicas

Replica watches currently widely available on the Internet (just a few of many):

LUXURY WATCH BRANDS VICTIMIZED BY

REPLICA WEBSITES

• Trafficking In Counterfeit Trademarks,Service Marks, and Certification Marks—18 U.S.C. § 2320

• "To amend the Foreign Assistance Act..."

• "Whereas despite signing bilateral intellectual property agreements with the United States in 1992, 1995, and 1996, the People's Republic of China continues to ignore widespread theft..."