Counterfeit Goods on Social Media: Takedowns, Litigation, and Other Alternatives for Combating the Sale of Fake Goods

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


Conducted on Tuesday, August 10, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will guide IP counsel on combating the sale of counterfeit goods on social media platforms. The panel will discuss conducting social media searches, submitting takedowns, platform immunities, safe harbors, and overcoming rejections. The panel will also address counter-notifications and alternatives to takedowns, including cease and desist letters and litigation.

Description

Sellers of counterfeit products have diversified their business model to focus on selling fake goods through social media platforms. This is due in part because marketplaces like Amazon and eBay have created programs to combat the sale of counterfeit goods on their sites.

For example, vendors have used platforms to sell counterfeit iPhone batteries, accessories, and cables. As a result, Apple has removed over one million listings for counterfeit and fake products. Takedowns can provide instant relief for brand owners by removing a serious threat from the internet. Even if a takedown is executed, brand owners and their counsel should consider additional legal action against counterfeiters, such as cease and desist letters or litigation.

It is critical for companies and their counsel to know how to remove knockoff products from social media platforms and take actions to stop counterfeiters, while also understanding platform immunities and safe harbors and fair use/First Amendment issues that also apply to many uses in social media.

Listen as our authoritative panel of IP attorneys examines conducting social media searches, submitting takedowns, platform approaches of takedowns, and overcoming rejections. The panel will also address counter-notifications and alternatives to takedowns, including cease and desist letters and litigation.

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Outline

  1. Safe harbor, takedowns, and counter-notifications
  2. Takedown process
    1. Searching social media
    2. Reporting and submitting takedown requests
    3. Overcoming rejections
  3. Respond to and leveraging counter-notifications
  4. Alternatives
    1. Cease and desist letters
    2. Targeted lawsuits
    3. Understanding fair use/ First Amendment limitations

Benefits

The panel will review these and other key issues:

  • How can brand owners leverage notice and takedown procedures to fight the sale of counterfeits on social media platforms?
  • What alternatives are available to stop online brand infringement?

Faculty

Anderson, Britt
Britt L. Anderson

Partner
Perkins Coie

Mr. Anderson advocates for clients before U.S. federal courts and the U.S. Trademark Trial and Appeal Board, and he...  |  Read More

Ballon, Ian
Ian C. Ballon

Shareholder
Greenberg Traurig

Mr. Ballon represents Internet, technology, entertainment companies and social networks in internet-related...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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