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Combating Counterfeiting: Collaborating With Competitors, Customers and Online Operators

Protecting Confidential Information and Trade Secrets, Avoiding Antitrust Risks

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, July 31, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will guide counsel to brand owners on collaborating with competitors, customers and others to fight counterfeiters. The program will discuss the importance of working with business competitors as well as the roadblocks and risks for companies deciding whether to collaborate. The program will also examine working with downstream customers and online operators to fight counterfeiting.

Description

Counterfeiting is a global economic force with counterfeiters around the world illegally reproducing brands and products to sell goods across the globe and costing businesses billions of dollars each year. It is often daunting for a brand owner to investigate alleged counterfeiting, especially in locations where it is not considered a serious crime.

Most companies have serious budget limitations that impact their brand protection program. Operating within those limitations in an efficient way to maximize the ROI is paramount to an effective program. Many companies do not realize the issue is online, not hard four wall stores or even factories except in rare instances. It is the anti-counterfeit model which needs to be constantly modified to keep up with online issues. Failure to do that will result in failure to adequately protect a brand.

Counterfeiting is an industry problem, and brand owners should band together to combat the problem and find solutions. However, there are risks when collaborating with competitors, including antitrust concerns, protecting trade secrets and oversharing information. Brand owners should also consider working with customers, online operators and others to battle counterfeiting. For example, Alibaba allied with many brands to battle counterfeiting and protect their respective brands. In 2018 the Alibaba anti-counterfeiting alliance seized over $536 million in counterfeit goods.

Listen as our authoritative panel of IP attorneys examines collaboration with competitors, customers and others to battle counterfeiters. The program will address the importance of working with business competitors and the roadblocks and risks for companies deciding whether to collaborate. The program will also examine working with downstream customers and online operators to fight counterfeiting.

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Outline

  1. Collaborating with competitors to battle counterfeiting
  2. Collaborating with customers to battle counterfeiting
  3. Collaborating with online operators to battle counterfeiting
  4. Considerations when collaborating
    1. Antitrust concerns
    2. Protecting trade secrets and confidential information
  5. Best practices

Benefits

The panel will review these and other critical questions:

  • What factors should companies consider when deciding to collaborate with competitors? What are the risks of collaborating?
  • What are the limitations on exchanging information when collaborating with competitors? What activities should competitive collaborators avoid?
  • What safeguards should companies implement to mitigate the risks of collaborating with competitors, customers and online operators?

Faculty

Johnson, Aaron
Aaron D. Johnson

Partner
Lewis Roca Rothgerber Christie

Mr. Johnson’s practice focuses on protecting and enforcing his clients’ intellectual property rights,...  |  Read More

Lewin, Harley
Harley I. Lewin

Of Counsel
Preti Flaherty Beliveau & Pachios

For more than 40 years, Mr. Lewin has served clients’ business and intellectual property concerns around the...  |  Read More

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