Protecting Your Brand In a Global Economy

With the progression of globalization and technology, counterfeiters have grown increasingly prolific. This trend is particularly evident with the introduction of e-commerce and the international production of hard goods shipped into the United States. Companies encounter increasing challenges in safeguarding their brand, as the global shipment of products continually introduces new and inventive avenues for counterfeiters to exploit the intellectual property of brand owners.

Global Enforcement Services

Holihan & Harchuck supports clients of all sizes to establish a comprehensive brand enforcement program that will protect and control your trademarks and copyrights, both domestically and abroad. Our firm’s anti-counterfeiting practice collaborates with clients globally to safeguard their profits and uphold the integrity of their brand identities. Our services encompass prelitigation actions, including issuing cease-and-desist letters and liaising with U.S. Customs and Border Protection, as well as federal law enforcement officers, on your behalf. Additionally, we are prepared to pursue litigation when required, seeking civil remedies in court to ensure comprehensive protection.

Our primary anti-counterfeiting and anti-piracy services include customs enforcement, litigation, compliance counseling, and other import-related issues.

We support a variety of companies across all industries, with over 30 years of experience protecting large brands.

Representative Work

Effectively combating counterfeiting entails collaborating with clients on a global scale to safeguard their profits and uphold control over their brand identities. Our team works with companies of all sizes, from all industries – such as:

• A summary judgment decision in 2018 established strict liability for NVOCCs (Non-Vessel Operating Common Carriers) under the Lanham Act and Tariff Act. This ruling pertained to their involvement in transporting and importing counterfeit footwear from China to the U.S., with the counterfeit goods having been seized by CBP at the Port of New Jersey.
Nike, Inc. v. Eastern Ports Customs Brokers, Inc. et al, 2:11-cv-04390-CCC (DC NJ)

• Lawsuit for trademark infringement against a mobile telephone distributor engaged in selling refurbished/counterfeit mobile phones to Central America, concluding with a permanent injunction and a settlement in the six-figure range.
Nokia, Inc. v. CBT Communications Corp., 1:03-cv-22631-PAS (SD Fla)

• Lawsuit for trademark infringement against a customs broker responsible for submitting an entry for counterfeit Nike footwear seized by CBP, culminating in a permanent injunction and a settlement in the six-figure range.
Nike, Inc. v. Page & Jones, Inc. et al, 2:13-cv-03446-SDW-MCS (DC New Jersey)

Our Expertise

Holihan and Harchuck specializes in the following practice areas: