Expertise > Enforce

Anti-Counterfeiting

Counterfeiting and piracy have become big business and are a concern to every company with a brand name or image to protect. Our Litigation Team has extensive experience advising on anti-counterfeiting and anti-piracy.

We work with our clients to develop and implement strategies to combat the problems associated with counterfeit and pirated goods.

We can help you with a range of issues associated with counterfeit goods including:

• Internet/market and retail surveillance and enforcement measures, including shutting down infringing auctions and provision of seller contact information
• Customs Border Protection Notices including drafting, filing and administering copyright and trade mark notices with the New Zealand and Australian Customs Services. For more information, visit our FAQs on lodging and enforcing customs notices
• Monitoring key counterfeiting trends and impacts and reporting regularly
• Regular updates with databases and reports tailored to our individual client's needs
• Civil court action including obtaining search (formerly Anton Piller) orders
• Setting budgets for anti-counterfeiting programs

What our clients say about us:
Nilan Fonseka, Finance & Administration Manager, Billabong Group Ltd:
"I have always been extremely impressed with the service and level of protection we have gained using James & Wells' litigation team. We have also found their anti-counterfeiting programme to be very cost effective with excellent strategies to combat counterfeit goods. In a number of cases they have been successful in recovering costs from infringers which exceed the costs incurred in the action in question. One thing I like about working with James & Wells, and specifically with Ian Finch and Claire Tompkins, is their ability to put themselves into our shoes and carefully consider the costs, risks and benefits of various actions. I would have no hesitation in recommending the services of James & Wells to those seeking intellectual property advice and, in particular, to those requiring management of a substantial anti-counterfeiting enforcement programme."

Mark Roach, General Manager Licensing, PPNZ:
"PPNZ (Phonographic Performances NZ) is the collection agency for recording artists and their labels/distributors. We have engaged the services of James & Wells, and in particular Claire Tompkins, to develop and assist with our copyright enforcement programme. Claire and her team have proven adept at understanding the nature of our business and the specific challenges we face. She has structured and refined the programme as we have progressed with it this year and I am extremely satisfied with the results to date. I would highly recommend Claire and James & Wells to any other entity who has a requirement for regular enforcement of intellectual property rights."

Tony Eaton, Executive Director, NZFACT:
"NZFACT (the New Zealand Federation Against Copyright Theft) carries out enforcement work on behalf of the MPAA (Motion Picture Association of America). We have worked with Claire to develop and implement our anti-piracy programme in New Zealand. She has been highly successful achieving excellent cost-effective results for us. For example, under our TAP (Tactics against Auction Piracy) programme we have obtained delivery-up of thousands of pirated films and overall funds recovered from infringers have exceeded the legal fees incurred. I would absolutely recommend Claire and James & Wells to any rightsholder looking for a firm to handle their anti-piracy or anti-counterfeiting needs."

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