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Brand Enforcement

Anti-Counterfeit Protection Program

For nearly three decades, Holihan & Harchuck has collaborated with national publishers, film studios, apparel, footwear, luxury goods, and electronics manufacturers. We specialize in creating customized programs to address the unique counterfeiting or piracy concerns of each company. Our team has achieved success in high-profile cases, contributing to the establishment of new laws in Anti-Counterfeiting protection.

Whether it’s our in-house investigative team, overseeing external investigations, or utilizing data from third-party inquiries, our brand enforcement attorneys possess expertise in identifying infringers. Our suggested courses of action consistently yield comprehensive enforcement plans, transforming your challenges into well-defined programs. Additionally, we offer guidance on striking a balance between the recoveries and costs associated with implementing national protection programs, considering the practicalities from both business and legal perspectives.

The Evolution of Counterfeit Goods

With the evolution of counterfeiters from traditional street and flea market sales to sophisticated online and international operations, Holihan & Harchuck’s strategies to counteract these modern business models have also evolved. Collaborating closely with U.S. Customs and Border Protection and law enforcement agencies, we actively identify counterfeit and pirated merchandise entering the U.S. These partnerships enable us to devise and implement innovative approaches to combat the importation and distribution of counterfeit and pirated goods, targeting both direct importers and third-party transportation intermediaries. Additionally, we engage with online sales platforms to efficiently conduct product reviews, aiming to minimize the presence of counterfeit products online, and in certain cases, achieve the permanent removal of problematic sellers and manufacturers.

Our clients’ needs are unique, and we approach each situation in that way. No matter where you are on your path to protecting your IP, our attorneys can help you every step of the way.

Representative Work

Holihan & Harchuck successfully initiated and managed nationwide enforcement programs targeting counterfeit products, including footwear, apparel and costumes, jewelry, accessories, online content, music, cell phones, household goods, pirated satellite programming, and more.

Some examples of our work include:

• Lawsuit filed for trademark infringement against an importer and a nationwide distributor of lamps that falsely displayed the CSA certification mark, leading to a permanent injunction and a settlement in the six-figure range.
Canadian Standards Association v. Golden Dragon Association, Inc., 3:19-cv-00276

• Lawsuit for trademark infringement against a customs broker responsible for submitting an entry for counterfeit Nike footwear seized by CBP. This led to a permanent injunction and a settlement in the six-figure range, with subsequent contempt proceedings resulting in additional damages being awarded.
Nike, Inc. v. Solan et al, 10-CV-05486-JLL-MAH (DC NJ)

• Successfully litigated a trademark infringement case against distributors of counterfeit Playboy apparel and jewelry.
Playboy Enterprises International, inc. v. Granny Square 2, Inc., 6:07-cv-00189 (MD Fla)