Our anti-counterfeiting offering

Counterfeiting and how to deal with it

The global counterfeit goods industry is estimated to be worth over US$500 billion a year, accounting for over 3% of international trade. Traditional retail store and market stall sales remain prevalent, but online sales make up an increasingly vast proportion of the total figure. Protecting your brand against offline and online fakes can be a challenge.

Why does it matter?

Counterfeiting has grown year on year since the 1980s when fake goods were more commonly watches, handbags and clothing. But with the development of technology and freight systems as well as globalised banking systems and reduced travel costs, counterfeiters now operate in all markets, from pharmaceuticals to automotive parts. The issue affects all industries and can negatively impact your company leading to:

Harmful products bearing your brand on the market
Damaged reputation
Reduced profits

As well as the effect on your business, counterfeiting is linked with organised crime. The purchase of counterfeit goods funds crimes such as money laundering and illicit drug distribution.

How can we help you?

There are a range of measures we can take to assist with anti-counterfeiting. Needs vary according to industry and sector, but we can tailor a strategy for your business to focus on the most pressing issues.

Measures include:

Customs recordal applications (AFAs)
Online monitoring
Registering with platform rights owners’ programmes
Civil enforcement proceedings
Working with enforcement agencies

Ryan Pixton

Partner

Ben Scarfield

Partner

Iain Stewart

Partner

Rowena Tolley

Partner

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Counterfeit cosmetics case study

Kilburn & Strode’s investigations into potential counterfeit cosmetics sold via online platforms lead to one of the first criminal prosecutions under the UK’s new Sentencing Guidelines for trade mark infringement. Following test purchases, IR spectroscopy testing was done to check authenticity of the goods, investigations conducted and cease and desist letters were sent. A number of sellers were found to be working together in close geographic proximity and retailing counterfeit goods online. The evidence gathered was referred to the specialist Police Intellectual Property Crime Unit (PIPCU) of the City of London Police. Following their investigation, the three individuals implicated in the case were arrested and prosecuted. The ringleader was given a suspended prison sentence.

Luxury clothing case study

Following the end of the Brexit transition period and the UK’s new Application for Action (AfA) customs regime, Kilburn & Strode have successfully implemented an anticounterfeiting strategy for a well-known US luxury streetwear brand. Since implementation, counterfeit goods with an estimated value of more than £90,000 have been seized, identified as counterfeit, and destroyed by the UK’s Border Force authorities.

Recommended reading

Anti-counterfeiting and the rise of NFTs

On World Anti-Counterfeiting Day 2022, brands are looking to new technologies such as the Metaverse, Blockchain, and non-fungible tokens (NFTs) to disrupt counterfeit activity.

Law update on sentencing guidelines for trade mark infringement

The Sentencing Council have finally provided clear guidance for both magistrates and Crown Courts, this is excellent news for rights holders.

Christmas 2021: Counterfeits are coming to town

In recent months, we have seen a tightening of restrictions of goods entering and leaving the UK. Figures show that the economic annual loss through counterfeiting and piracy is at least £9 billion.

Bag a bargain? – Amazon sues influencers for promoting "luxury" counterfeits

Counterfeiters are circumventing online marketplaces’ anti-counterfeiting measures in various ways, including using fake or stolen addresses and hacking legitimate user accounts to sell fake goods.

Invigorating your portfolio: a summary

IP relevance, portfolio value, managing the patent process, interacting with IP offices, the impact of COVID-19 on counterfeiting and how the pandemic is affecting working practices: these were just a few of the topics discussed over 3 days at the third annual summit hosted by Kilburn & Strode and Berkeley Center for Law & Technology this week.

Customs Applications for Action post Brexit - and EORI numbers

Before the end of 2020 rights holders are advised to check the basis for their EU Customs Application for Action (AFA).

Counterfeit Christmas

Christmas is a counterfeiter’s high season, and with UK e-commerce expected to be worth almost GBP200 billion at the end of 2020 it is likely this year’s festive period will provide even more opportunity than usual for those selling illegitimate goods online.

Brexit – Counterfeits and EU exhaustion of rights

THE UKIPO’s IP Crime Group has just issued its 2018/9 report and counterfeit activity is on the increase. Criminal trade in counterfeits increased to $509 billion in 2019; approximately 3.3% of world trade.

Online counterfeiting – how you can protect your brand

The global counterfeit goods industry is estimated to be worth over US$500 billion a year, accounting for 3% of international trade. Online sales make up a vast proportion of that figure and protecting your brand against online fakes can be a challenge.

Dear Santa, this year, I gift my wish to brand owners combatting counterfeit goods this Christmas

Dear Santa, as Christmas fast approaches my wish is for brand owners to combat counterfeit goods with some simple measures.

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