Counterfeit luxury products not simply a question of trademark infringement

stock-photo-intellectual-property-and-related-words-in-word-collage-100324247Smart, Biggar, and Fetherstonhaugh, a Canadian law firm practising exclusively in intellectual property and technology law, advises that deterring counterfeiters is particularly important to luxury brand owners. For this reason, they should always keep in mind that augmented damage awards may be available when seeking concurrent relief for copyright infringement as well as trademark infringement. Similarly, brand owners in copyright industries should keep this in mind and consideration should be given to seeking both copyright and trademark relief in all counterfeiting and pirating scenarios in Canada. Considering the question from the point of view of luxury brand owners exemplifies the point.

Copyright aims to protect against the unauthorised reproduction of original literary, dramatic, musical and artistic works. Logos and designs or patterns used by luxury brands may constitute artistic works in which copyright subsists in Canada. Further, in the case of a counterfeit item, such works are clearly reproduced without the consent of the copyright holder.

Smart & Biggar states that even though trademark and copyright law each protect different interests, they are not mutually exclusive and in many cases the sale and distribution of a counterfeit product or a pirated copyright work may constitute both trademark and copyright infringement. In such circumstances, they recommend brand owners to be mindful of the possibility of claiming both trademark infringement and copyright infringement not only to maximise their damages but, ultimately, to have an increased deterrent effect on counterfeiters [in Canada]. Source: Smart & Biggar/Fetherstonhaugh

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America – shees verry beeeeg!

Publication of the latest USCBP Border Patrol Strategic Plan reflects and builds on the transformation of the United States’ relationships with Mexico and Canada, particularly in the areas of border management and security. The joint Declaration of Principles for the 21st-century border represents an enhanced and strengthened commitment to fundamentally restructure the way we manage our shared border. The depth and breadth of cooperation that occurs now between the United States and Mexico was unthinkable even a few years ago. Similarly, the Beyond the Border declaration between Canada and the United States has an equally significant potential in what is already our historically extraordinary relationship with Canada. These developments have created unprecedented opportunities with both Mexico and Canada, in which DHS and CBP will play a defining role, to improve our security and economic competitiveness – and CBP will play a defining role in taking advantage of those opportunities. The Border Patrol in turn is key to advancing CBP’s security agendas with Mexico and Canada, working with its law enforcement counterparts in each country to identify and mitigate threats.

The U.S. Border Patrol is a premier law enforcement organization, recognized around the world for expertise, capabilities, and professionalism. CBP’s officers and agents are the frontline, the guardians of the Nation’s borders. We honor and are proud of them, and we thank them for everything that they do to protect America and the American people. Source: CBP.gov

So there you have it – for a real dose of commercialized Customs and what it can do for the good folks in America, and anywhere else in the world for that matter, check out the strategic plan by clicking here! You’ll be forgiven if you thought you were reading an edition of Jane’s Defense & Security Intelligence & Analysis. Most customs and border management agencies around the world can only dream about such impressive kit! 

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