Trademarks and Brands

Australian Winery Takes Legal Action Against Fakes Sold in China

by T+B BLOG TEAM on Friday, 2 March, 2018

Australia’s Treasury Wine Estates (TWE) has filed a trademark lawsuit against Rush Rich Pty Ltd, claiming that it is selling copycat Penfolds wines that is made and labeled in Australia into Chinese markets.

It was last year at China’s Chengdu wine fair that The Drinks Business reported on a wine seen at the event called “Rush Rich,” which was labeled as  a “product of Australia.” Penfolds’ Chinese name — 奔富 (“BEN FU”) — translates into English as “Rush Rich.”

According to Penfolds, the copycat wine is “being sourced and bottled through bulk wine suppliers and third party bottlers in South Australia” before being exported to China, reports Business Insider.

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Topics: Brand protection, counterfeits

Buying Counterfeit Goods Online May Preclude You From Trusted Traveler Programs

by Marc P. Misthal, Guest Blogger on Wednesday, 21 February, 2018

Clients facing problems with online counterfeiting often ask us what they can do to stop the sale of the low-cost counterfeits. One thing we frequently recommend is that trademark or copyright rights, as appropriate, be recorded with US Customs and Border Protection (CBP). Once rights are recorded with CBP, it will monitor shipments entering the country and seize counterfeit goods. CBP cannot monitor every shipment coming into the United States, but it can and does seize counterfeits, preventing the products from ever reaching their recipient. 

Once CBP seizes product, it sends a notice to the rights owner with the particulars of the seizure (typically the notice identifies the name of the exporter, the name of the importer, the rights involved, the number of units involved and the port at which the seizure was made). After that it is up to the rights owner to take further action. 

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Topics: counterfeits

Fashion Companies Are Fighting Counterfeits with Fake Counterfeits

by T+B BLOG TEAM on Wednesday, 14 February, 2018

Besides plenty of celebrity models, this year’s New York Fashion Week shows have featured lots of high fashion, along with dogs, babies, and robots on the runway. At the same time, on a lower Manhattan street known for selling counterfeit merchandise, you can find some garments bearing the label “Deisel.” That brand name might look like a misspelling of “Diesel,” but believe it or not, the letter mix-up is intentional.

Instead of putting on a show during Fashion Week, the Italian brand Diesel opened a pop-up shop on Canal Street using the brand name “Deisel.” The company’s founder, Renzo Rosso told AFP: “…we created a fake product, a fake name, and we came to the counterfeit district.”

Rosso told AFP that more than a million counterfeit Diesel products are sold annually. And, according to The New York Times, Diesel shut down more than 80 website selling counterfeit products last year. Rosso said: "We have so many counterfeit products all over the world I thought, 'Why can't we play with this problem that we have?'"

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Topics: Brand protection, counterfeits

The Beatles File Lawsuit to Stop Counterfeits 

by T+B BLOG TEAM on Monday, 5 February, 2018

Two Beatles’-owned companies — Apple Corps Ltd. and Subafilms Ltd. — filed a lawsuit last week against nearly 50 internet dealers and aliases for “promoting, distributing and selling items that bear counterfeit logos or imitations of their respective trademarks,” Billboard reports.

Apple Corps Ltd., which Is owned by Paul McCartney, Ringo Starr, and the estates of John Lennon and George Harrison, owns the Beatles’ merchandising rights. Subafilms Ltd., similarly owned, manages the rights from the Beatles movie, ‘Yellow Submarine.’ Among the dozens of defendants named in the lawsuit are Good luck to you, GreenMango Store, HOOK ON YOU, shirtsforyou.net, and more.

In addition to selling counterfeit Beatles merchandise on their own websites, the lawsuit claims it’s also being sold on online marketplaces like eBay, Etsy, and Amazon. The merchandise includes apparel, bedding, backpacks, phone cases, backpacks, and doormats that are of “a quality substantially and materially different than that of Plaintiffs’ respective, genuine goods.” 

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Topics: counterfeits, trademark

2016 “Notorious Markets” Report Calls Out Taobao.com for Counterfeiting

by T+B BLOG TEAM on Wednesday, 28 December, 2016

Last week, the Office of the US Trade Representative (USTR) released the “2016 Out-of-Cycle Review of Notorious Markets” report which features physical and online markets around the globe that are engaged in and facilitate copyright piracy and trademark counterfeiting. The report also includes examples of previously identified notorious markets that have taken successful steps toward fighting piracy and counterfeiting.

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Topics: counterfeits

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