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Bracewell’s Anti-Counterfeiting and Anti-Piracy team combines experienced civil anti-counterfeiting, white collar and intellectual property enforcement attorneys. Our team includes:

  • Experienced attorneys who have handled anti-counterfeiting and anti-piracy matters, led relevant bar association activities, chaired anti-counterfeiting and anti-piracy programs for victims and others, and spoken and written on brand protection topics;
  • An attorney who was recognized in 2014 by World Trademark Review 1000 as one of the top ten anti-counterfeiting attorneys in the U.S. and was selected by the International AntiCounterfeiting Coalition to represent it in a case before the United States Court of Appeals for the Second Circuit;
  • An attorney who was named by Law 360 as a 2013 MVP of the Year in the White Collar category, one of three attorneys globally to hold that distinction;
  • Two former United States Attorneys, the former Chief of the Criminal Frauds Section of the Department of Justice, the former Chief of the Major Crimes unit in the Southern District of New York, and numerous other federal and local prosecutors many of whom have overseen counterfeiting and piracy investigations and criminally prosecuted such cases; and
  • Former chief trademark counsel of a Fortune 500 company to enhance business viewpoints for our anti-counterfeiting and anti-piracy strategies.

Bracewell attorneys are adept at addressing counterfeiting and piracy issues through:

  • Organizing, implementing and executing comprehensive, global anti-counterfeiting and anti-piracy programs;
  • Orchestrating and overseeing global and local investigations into counterfeiting and piracy operations;
  • Developing and executing enforcement programs for online counterfeiting and piracy issues such as cybersquatting, infringing content and unauthorized goods, including, for example, managing complex internet investigations to link, map and dismantle websites and affiliate networks selling illicit goods;
  • Determining and advising when civil actions, criminal prosecutions, and/or administrative referrals or International Trade Commission actions are appropriate and effective measures;
  • Initiating civil actions and obtaining ex parte orders to seize unauthorized products and business records, to enjoin further illegal conduct, and to take the necessary steps to trace the goods upstream to the source;
  • Litigating civil actions for counterfeiting and piracy to obtain information and injunctive and monetary relief including identifying and recovering financial assets from civil actions to assist companies in funding and enhancing their anti-counterfeiting and anti-piracy programs;
  • Educating and working with customs officials and law enforcement officials throughout the U.S. and elsewhere;
  • Preparing cases for referral to government investigators and prosecutors;
  • Working with governments to assist in prosecution of counterfeiters and pirates and obtain victim restitution; and
  • Utilizing our strategic and global relationships.

Although counterfeiting is commonly associated with luxury goods - which itself represents a serious crime and can cause substantial harm to both the brand owner and consumer - this illicit trade, along with piracy, victimizes nearly all industries. Traffickers in counterfeit and pirated goods do not discriminate as they seek to line their pockets. They cut a wide swathe across commerce, such as: energy, food and beverage, athletic equipment, sports, broadcasting, entertainment and other media, cosmetics, apparel, pharmaceuticals, machinery, automotive, aerospace, personal hygiene, electronics, and software. Commercially, counterfeit and pirated products harm brand value, disrupt commercial relationships and undermine corporate credibility. In some cases, counterfeits pose significant risks to the health and safety of consumers.

Bracewell brings together civil, white collar and in-house experience and the commitment to brand and content owners across all industries to combat trademark counterfeiting and copyright piracy.