Positioning trademark portfolios and supply chains to combat counterfeits

Failure to apply for trademarks in applicable areas can result in a window of time where counterfeiters can act with impunity

The regular stories about companies finding themselves in uncomfortable trademark and branding positioning in foreign jurisdictions make for good water cooler talk. “Hey, did you hear about ABC Corp.? There is some guy who registered ABC Corp. in China and now that guy is suing ABC for selling products there.” Or worse, “There is some guy who registered ABC Corp. in China and is now selling products and pretending to be ABC there.” No one wants to be the subject of this type of water cooler talk, and with a little planning you don’t have to be. In the first article in this series we discussed budgeting for anti-counterfeiting programs. The second article in this series will begin to drill down on two worthy recipients of those valuable funds with an eye toward avoiding the above scenario.

Trademark portfolio

Contributing Author

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Kelly Phair McCarthy

Kelly McCarthy, an intellectual property attorney at Sideman & Bancroft in San Francisco, focuses her practice on trademark, brand protection and anti-counterfeiting issues. She...

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