By: Sharon Urias, Esq.
On November 27, the U.S. Immigration and Customs Enforcement (ICE) seized 132 counterfeit websites in its ‘Cyber Monday’ crackdown. Sites that were seized included those that sold clothing, jewelry, sporting goods, DVD’s, music, software and luxury goods.
The Examiner reports this is the third year that ICE and European countries have worked together on ‘Cyber Monday’ to shut down websites that sell counterfeit goods to consumers.
ICE, part of the U.S Department of Homeland Security, began ‘Operation in Our Sites’ in June of 2010 to prevent the sale of counterfeit goods by targeting those websites that sold both counterfeit and pirated merchandise to consumers. ‘Operation in Our Sites’ is a year round operation, but ‘Cyber Monday’, which is the biggest online shopping day of the year, is also the largest seizure day of the year for the government agency. Law enforcement agencies from Denmark, France, Belgium, the United Kingdom and Romania collaborated with ICE this year in shutting down the counterfeit websites.
Government officials target a specific website after they receive verification from the owners of trademarks and copyrights that the site is selling merchandise that infringes upon their rights. After the website has been seized, shoppers visiting the site will only see a banner informing them of the site’s seizure by the government for trademark or copyright infringement.
Owners of a seized website can file for a petition for a return of their domain name. However, if the petition is unsuccessful or if the owners opt not to file a petition, the government retains the domain name.
Although these sites have been shut down, operators of these sites are rarely prosecuted since they are usually located in foreign countries overseas, with the majority residing in China.
ICE officials stated that the sale of counterfeit goods on the Internet costs the economy both jobs and revenue, and can also threaten the health and safety of American consumers. ICE is dedicated to “protecting the jobs, the income and the tax revenue” that is lost when counterfeit merchandise is marketed.
When your trademark or copyright has been infringed upon, you will want to take steps to protect your interests and your company’s reputation. A business is many times identified by its trademark or trade name and protecting it is vital to your business interests. An experienced intellectual property litigation attorney with the expertise and knowledge of trademark and copyright law will protect your rights and provide you with the professional representation you deserve.
