Electronic Retailer - July 2012 - 27

We Should Care and
to do it, then do it the right way. That means committing to it. Beachbody, for example, has employees whose duties consist entirely of anti-counterfeiting: They monitor internet sites and other venues that offer counterfeits; they educate U.S. Customs and Border Protection agents on how to spot counterfeit Beachbody products; they tell government agents about the counterfeits they’ve discovered, and they try to persuade state, federal and local authorities to prosecute the people involved. They send take-down notices and demand letters, and then follow up persistently on them; and they work with outside investigators and attorneys. They don’t treat the problem as a series of isolated incidents that can be dealt with once in a while; they treat the problem as a constant foe. That being said, there are several anti-counterfeiting tools available that, in unison, can make a sizeable dent in the problem. First, companies should register their intellectual property (IP) in the U.S., China and all other territories that they care about. Registration is the cornerstone of any good anti-counterfeiting strategy. Companies should register copyrights, trademarks and, if applicable, patents. Once a company has protected its IP, it can decide whether it should undertake “in-house” brand monitoring and enforcement or hire an outside vendor to do it. There are several very qualified vendors who identify counterfeiting activity online and generate take-down notices and demand letters. At the outset, each company must ask itself, what distribution channels are being used to sell counterfeit versions of the company’s products – online, brick-and-mortar or both? The strategy must match the problem. Online monitoring can become overwhelming very fast. That is why so many companies tend to engage a third-party vendor. The price points 27

pursued in China that brought us nothing. The court in China tossed our case out, saying we signed our court papers using the wrong color ink. When we re-filed, we were tossed out again, the next time for another claimed technicality. From what I’ve seen, it’s very hard to stop them in their country due to home-court advantage.” Counterfeiting is one of the biggest problems facing the direct response

industry. If you are selling a successful product in DR, it’s being counterfeited somewhere. We’ve gone from an “If I get counterfeited” world to a “When I get counterfeited” world, and that’s not going to change any time soon. Every company has to decide for itself whether and to what extent to register its trademarks, copyrights and patents and to fight the counterfeiters based thereon. However, as Gelfand says, if you’re going

July 2012 | electronicRETAILER



Electronic Retailer - July 2012

Table of Contents for the Digital Edition of Electronic Retailer - July 2012

Calendar of Events
Your Association Your Bottom Line
Industry Reports
FTC Forum
eMarketer Research
IMS Retail Rankings
Jordan Whitney's Top Categories
From the Executive's Desk
Cover Story: Could You Sell Like Amazon?
Counterfeiting: Why We Should Care and What We Can Do
All Media Are Not Created Equal
Guest Viewpoint
Inventor's Corner
Retail
Fulfillment
Legal
Advertiser Spotlight
Bulletin Board
Advertiser Index
Classifieds
Rick Petry
Electronic Retailer - July 2012 - cover1
Electronic Retailer - July 2012 - cover2
Electronic Retailer - July 2012 - 3
Electronic Retailer - July 2012 - 4
Electronic Retailer - July 2012 - 5
Electronic Retailer - July 2012 - 6
Electronic Retailer - July 2012 - Calendar of Events
Electronic Retailer - July 2012 - Your Association Your Bottom Line
Electronic Retailer - July 2012 - Industry Reports
Electronic Retailer - July 2012 - 10
Electronic Retailer - July 2012 - 11
Electronic Retailer - July 2012 - 12
Electronic Retailer - July 2012 - FTC Forum
Electronic Retailer - July 2012 - eMarketer Research
Electronic Retailer - July 2012 - 15
Electronic Retailer - July 2012 - IMS Retail Rankings
Electronic Retailer - July 2012 - 17
Electronic Retailer - July 2012 - Jordan Whitney's Top Categories
Electronic Retailer - July 2012 - 19
Electronic Retailer - July 2012 - 20
Electronic Retailer - July 2012 - From the Executive's Desk
Electronic Retailer - July 2012 - Cover Story: Could You Sell Like Amazon?
Electronic Retailer - July 2012 - 23
Electronic Retailer - July 2012 - 24
Electronic Retailer - July 2012 - 25
Electronic Retailer - July 2012 - Counterfeiting: Why We Should Care and What We Can Do
Electronic Retailer - July 2012 - 27
Electronic Retailer - July 2012 - 28
Electronic Retailer - July 2012 - 29
Electronic Retailer - July 2012 - All Media Are Not Created Equal
Electronic Retailer - July 2012 - 31
Electronic Retailer - July 2012 - 32
Electronic Retailer - July 2012 - 33
Electronic Retailer - July 2012 - 34
Electronic Retailer - July 2012 - 35
Electronic Retailer - July 2012 - Guest Viewpoint
Electronic Retailer - July 2012 - 37
Electronic Retailer - July 2012 - Inventor's Corner
Electronic Retailer - July 2012 - Retail
Electronic Retailer - July 2012 - Fulfillment
Electronic Retailer - July 2012 - Legal
Electronic Retailer - July 2012 - Advertiser Spotlight
Electronic Retailer - July 2012 - Advertiser Index
Electronic Retailer - July 2012 - Classifieds
Electronic Retailer - July 2012 - 45
Electronic Retailer - July 2012 - Rick Petry
Electronic Retailer - July 2012 - cover3
Electronic Retailer - July 2012 - cover4
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