Counterfeit Defense Lawyers

With the ever-expanding global economy, the rate of product counterfeiting has increased significantly. Intellectual property is an incredibly important part of many businesses. So important, in fact, that many companies take an overly aggressive approach to anything that even resembles their intellectual property. At the same time, given the high rate of counterfeit goods and trademark and copyright infringements, those accused of intellectual property theft must be prepared to vigorously defend their practices or face significant penalties.

At Oberheiden, P.C., our dedicated team of anti-counterfeiting lawyers have a high level of experience occupying this complex legal space and can effectively advise and represent companies when they believe others are counterfeiting their intellectual property.

Allegations that a party counterfeited another’s intellectual property are extremely serious and require an equally serious defense team. At Oberheiden, P.C., we provide comprehensive counterfeit defense representation to individuals and businesses throughout the United States across all industries. Our attorneys have experience successfully navigating some of the most complex intellectual property disputes in the country and are immediately available to meet with you to discuss how we can help.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Oberheiden, P.C. Provides Aggressive Counterfeit Defense Services

You devoted extensive time and capital to developing your product or service. So when another company sends you a demand letter indicating that you will face legal action unless you cease and desist, it rings the alarm bell. However, defending against allegations of intellectual property theft requires an in-depth knowledge of the extremely complex intellectual property laws. Understandably, this is beyond the experience and expertise of many of the savviest high-level executives.

At Oberheiden, P.C., our counterfeit defense attorneys have extensive experience representing both sides in a wide range of counterfeit cases. While we handle almost all intellectual property theft and counterfeit allegations, some of those we encounter most often include:

Anti-Counterfeiting & Trademark Piracy
Copyright Counterfeiting Enforcement
Customs & Border Protection IP Rights Enforcement
Illegal Gray Market Goods Enforcement
Luxury Brand Protection
Online Seller Enforcement
Software Counterfeiting Enforcement
Trademark Counterfeiting Enforcement

If you are alleged to have counterfeited another company’s intellectual property, defending the case will require you to take your focus off running your business. This can lead to a significant interruption, which will almost certainly impact your bottom line. At the same time, you can only ignore the allegations for so long before you are dragged into court. Neither of these alternatives is acceptable. A third option is to reach out to the nationwide team of counterfeit defense lawyers at Oberheiden, P.C. We can immediately get to work defending you or your business, allowing you to keep your focus where it belongs.

What Is Intellectual Property?

Intellectual property describes intangible creations of the mind, such as patents, trademarks, copyrights, and trade secrets. While intellectual property is not tangible itself, creators of physical goods often hold intellectual property rights related to those products. For example, the way a product is designed, the brand name included on the product, and the brand’s logo are all types of intellectual property. Companies dedicate years to creating products, developing a brand image, and fostering a good name in the community, all of which are, in some part, based on intellectual property interests.

What Constitutes a “Counterfeit” Good?

When most people think of a counterfeit, money comes to mind. However, a counterfeit is simply an unauthorized product that is passed off as authentic. While any good can be counterfeited, most often, goods that are most at risk of being counterfeited are those with a high value, most of which comes from the brand, label or design of the product. Some of the most commonly counterfeited consumer goods include:

Luxury items, such as purses, handbags, belts, and wallets;
Sunglasses;
Medical products;
Skincare and beauty products;
Officially licensed toys; and
Collectibles.

Of course, non-consumer goods are also frequently counterfeited, such as:

Checks and other negotiable instruments;
Identification cards or driver’s licenses;
Wills or other legal documents;
Currency;
Certifications indicating someone’s qualifications or education;
Contracts.

Regardless of the type of goods you are alleged to have counterfeited, Oberheiden, P.C. can work with you to create a compelling defense.

What Is at Stake in a Counterfeit Case?

Depending on the item and the extent of the alleged counterfeiting operation, counterfeiting can result in civil or criminal charges. In the civil arena, those found to have counterfeited may face import restrictions, preventing the sale of counterfeit goods. However, courts can also award significant monetary damages based on the harm caused to the owner’s intellectual property interest.

On the criminal side, federal law provides for punishments, including significant fines and up to 20 years in prison.

Frequently Asked Questions:

Why don’t we call ourselves the “best counterfeiting defense attorneys”?

At Oberheiden, P.C., we believe that our experience speaks for itself and that we don’t need to make grand statements about our abilities that there is no way of proving. Additionally, our belief is that the term “best” is not a very good descriptor of an attorney’s services. What makes a lawyer the best attorney in a given practice area? What criteria do they rely upon? As lawyers, we have an ethical duty to refrain from making any potentially misleading statements to the general public or to prospective clients, and because we believe that the term “best” is misleading when used to describe a lawyer’s services, we choose not to use it. However, we encourage those looking for the best counterfeiting lawyer to review our track record when it comes to defending counterfeit cases.

What is the Lanham Act?

The Lanham Act is one of the federal laws used to prosecute intellectual property theft; more specifically, trademark infringement, trademark dilution and false advertising. Under the Lanham Act, a court can restrict the importation of goods that violate a trademark and can issue injunctions and award monetary damages in cases involving trademark dilution and false advertising. At Oberheiden, P.C., our dedicated team of counterfeiting defense lawyers have a high level of combined experience litigating Lanham Act claims and other IP enforcement claims in federal court. We will do everything possible to help you avoid the significant consequences of being found in violation of the Lanham Act.

What should I look for in a counterfeiting defense lawyer?

Intellectual property laws are notoriously complex, and there many different claims that companies can file to protect their IP rights. If you face counterfeit allegations, the most important thing to look for in an attorney is experience. When we mention experience, we mean specific, hands-on experience handling intellectual property and counterfeit cases. While many lawyers boast their experience, they often fail to mention where this experience came from. As far as you know, they were drafting wills and creating estate plans for 40 years before they took their first intellectual property case six months ago. At Oberheiden, P.C., we are federal litigators who frequently handle all types of intellectual property matters. And several of our senior attorneys were formerly employed in high-ranking positions within the federal government, prosecuting intellectual property theft.

Contact Oberheiden, P.C. to Discuss How We Can Help Your Defend Against Counterfeit Allegations

If you recently learned that a company is claiming you counterfeited its goods, reach out to the counterfeit defense lawyers at Oberheiden, P.C. for immediate assistance. Our attorneys are standing by, waiting to speak with you about your situation and develop an effective defense. To learn more, and to schedule a free consultation with a senior attorney at Oberheiden, P.C., call 888-680-1745. You can also reach our attorneys through our online contact form.