Piracy is one of the larger threats to brand owners. Going after pirates can be costly and traditional fines from Customs & Border Patrol do little to deter the brazen pirate. In this presentation, we explored the use of the International Trade Commission to enforce copyright, trademark and unfair competition claims.
The ITC’s unique in rem jurisdiction allows it to reach not only the owner, importer or consignee of counterfeits, but also their agents, providing the ability to reach back to the manufacturer and, in some cases, the companies that make online sales of counterfeits possible. Multi-respondent cases and the option of general exclusion orders create a very cost efficient process. We discussed these and other options and engaged in a real-time online search for pirated goods and hunt a pirate together.