By Lauren Estrin and Ted Davis of Kilpatrick StocktonLauren Estrin is an associate in Kilpatrick
Stockton’s Intellectual Property Department. She focuses her practice on trademark prosecution
and litigation, and also handles unfair competition, false advertising, and copyright disputes.
Ted Davis is a partner in Kilpatrick Stockton’s Intellectual
Property Department. He divides his practice between domestic and international litigation and
client counseling in the fields of trademark, copyright, false advertising, and unfair competition law. Mr.
Davis has served as a member of both the Board of Directors of INTA and the governing Council
of the American Bar Association’s Intellectual Property Law Section.
As many industries and markets are learning, piracy and counterfeiting is now a
global economic epidemic. In the first half of 2006, over 25% of all the reported incidents of IP
theft around the world were linked to venues such as street vendors, outdoor markets, and counterfeit
purse parties, all prototypical markets for knock-off merchandise.1 Counterfeiting affects IP owners
everywhere and the problem is not industry-specific – art, fashion and footwear designers,
builders, car manufacturers, and pharmaceutical companies to name a few, all share this unwanted and
injurious experience....