Hirsch IP Solutions is able to offer a wide range of services addressing various categories of infringing activity, each of which require different solutions.
STREET AND RETAIL SALES OF PHYSICAL COUNTERFEITS: Many rights holders become aware of specifics instances of infringement involving the sale of knock-off copies of their products but do not know where to turn to obtain a termination of such activity, especially when it occurs overseas. Hirsch IP Solutions has years of experience in implementing specific responses to a variety of infringement scenarios and has a network of investigative and legal resources in the U.S. and a number of foreign countries that can be called upon to execute an appropriate enforcement response. Contact Hirsch IP Solutions and we will review a number of options for you to consider as a response to these infringing sales, including the possibility of criminal enforcement actions.
ONLINE SALES OF INFRINGING ITEMS: Many infringers use the Internet and a variety of websites to market their counterfeit products and transact business. Many of these sites have implemented policies and practices that permit rights holders to obtain the removal of listings offering infringing products for sale and in some cases ban these vendors from using the site. In some instances, the site operators will provide the information they have on the vendors to the aggrieved rights holder. Hirsch IP Solutions can provide you an assessment of any such listings, investigative strategies for identifying the vendors behind them, and enforcement responses to procure the termination of such sales activity.
OVERSEAS MANUFACTURE OF INFRINGING COPIES: Due to lax Intellectual property laws and enforcement regimes in many countries, many infringers manufacture their counterfeit products in these locations and export them to buyers across the globe, avoiding the legal risks of having a physical presence in many of the markets where they are selling products. While the legal and cultural environment in some of these host countries can make enforcement difficult, if not impossible, multilateral trade initiatives and an elevation of the international legal norms for intellectual property protection, have resulted in improving enforcement opportunities in many countries that have been the traditional source of manufactured counterfeits, including many in Asia, Latin America and Eastern Europe. Through its relationships with legal and investigative firms in many of these countries, Hirsch IP Solutions can undertake a review and analysis of possible solutions and strategies in response to these infringing operations and use available legal remedies and trade mechanisms to reduce their ability to do business, if not obtain the total cessation of their production and sales of infringing copies.
INFRINGING WEBSITES AND NETWORKS: Individuals and companies who create products that are digital, or capable of being digitized,often see their work replicated and disseminated through the Internet via thousands , if not millions of instances of unauthorized downloads and copies. Many networks have emerged on the basis of one of various software applications (commonly mis-branded as “file-sharing” applications) that facilitate the instantaneous copying and downloading of digital files from copies possessed by other users of the same application (“peers”) participating in these networks. Other online sources of illegal copies include websites that not only permit Internet users to upload to illegal copies of protected works the sites’ servers but then make these copies available for copying and download to anyone on the Internet through links connecting to the stored files. These links get posted and reposted in numerous instances on high traffic websites that promote the availability and accessibility of these illegal copies through the links on their site. While the “file-sharing” software applications and the file-storage sites are also used for the storage and copying of legitimate files, much of what is stored and/or transmitted through these sites and networks are illegal copies of protected works the copying of which denies their rights holders’ appropriate compensation. Hirsch IP Solutions has relationships with online investigative and monitoring companies that can provide an analysis of the specific problems facing individual rights holders, including metrics that will offer a better picture of the dimensions of the infringing online activity, as well as possible enforcement solutions to reduce the availability of infringing files.
INFRINGEMENTS FOUND THROUGH SEARCH ENGINES: Many Internet users find online sources of illegal downloadable copies of protected works by using search engines. As many search engines have become aware of the use of their search functions for this harmful activity, they have modified their policies and practices to help rights holders reduce the possibility of Internet users finding these illegal copies through searches conducted through their sites. Hirsch IP Solutions can help rights holders formulate an approach for systematically identifying and conveying to search engines the links appearing in the searches that connect users to the illegal copies of their works.
In addition to the solutions described above, Hirsch IP Solutions can help you register your copyrights and trademarks to help facilitate their maximum protection under the law.