Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

While exact counterfeiting requires focusing on a select
group of countries where this illegal manufacturing
takes place, trade dress counterfeiting requires battling
a more comprehensive global strategy because it
can happen at any point throughout the supply chain.
The first step in combating this type of activity is early
trademark registration in every country where ABRO’s
products appear. With more counterfeiters in foreign
countries copying product descriptions and making
subtle packaging changes, ABRO works to educate local
distributors and arm them with experienced agents and
counsel to determine where the fakes are coming from.
Once identified, retaliatory actions include the use of
cease and desist orders, civil and subsequent criminal
court actions, and collaboration with local police and
regulatory agencies for raids and fines.
Relationships
While legal enforcement is a major component of
ABRO’s strategy, the company also directs substantial
energy to cultivating strong relationships with local
distributors. Maintaining relationships based on trust
with distributors is key, as reliable distributors have a
vested interest in stopping the counterfeiting of ABRO’s
products. Distributors who are confident in ABRO’s
enforcement efforts become more willing to invest in its
products. These relationships help ABRO maintain its
trusted name worldwide.
Personal relationships with investigators and prosecutors
also figure prominently in ABRO’s enforcement efforts.
“You can’t run an effective anti-counterfeiting program
from your desk,” explains Mansfield. He argues that
personal contact is critical in helping the parties
understand how serious this problem is. “One of the
best investments of my time is traveling. When you fly
halfway around the world to meet with people on an
urgent matter, they know you mean business.” Mansfield
believes in seeing the problems up close and personal
so that he can work with his colleagues on the best way
forward in a particular market. Mansfield adds, “Every
region and every country is so different that you really
have to view them up close to make accurate predictions
for what will or won’t work.”
ABRO devotes considerable resources to educating
and training customs officials worldwide to help them
detect fake ABRO products. Because Customs’
checkpoints often represent the first opportunity to
stop fakes from entering a particular market, developing
a dependable worldwide Customs support program is
vital. This is particularly important in light of the company’s
extensive distribution network, which means that
goods often pass through a number of countries before
arriving at the end user.
ABRO helps coordinate supply chain links to bring information
to distributors and Customs’ officials, thereby
facilitating prosecutions. Mansfield cautions that this
approach only works when connections with key people
and organizations are created before they are needed.
“Showing up a day before you think a ship might arrive
and trying to bully Customs’ officials into dropping what
they are doing to help you won’t work. Unfortunately,
it’s what many companies end up doing. You have to get
them on your side before you need them.”
ABRO recognizes that the counterfeiting of its products
is a challenge that comes with the territory of being a
globally respected enterprise. While counterfeiters are
becoming increasingly sophisticated in their efforts to
rip off companies, ABRO is confident that its focus on
building relationships and alliances to tackle the problem
is reaping rewards.
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