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COUNTERFEIT PRODUCTS
If it is made, there is a very good
chance it has been counterfeited. When most people think of
counterfeiting, they think about counterfeit money. This is one area
which in the past received the most attention. Today, you can find
anything from a counterfeit rose, artwork, auto parts, clothing,
vehicles, music and so much more.
The growth of the internet has proven to be the main
selling tool used by many major counterfeiters. A basic search on most
any search engine or auction site uncovers a long list of vendors
offering counterfeit products. Many honest people wonder if this is
illegal, how can these vendors be allowed to sell counterfeit products.
There is no problem locating the basic vendor offering
counterfeit products, the real search is for the suppliers. By starting
at the top and working down, a copyright or trademark owner can close
down a larger number of vendors with one sweep.
Many sellers of counterfeit products think no one will
catch them, the cops are too busy with drug dealers and other major
crimes or there are people selling more than them so they do not have to
worry. The fact is at some point in time, everyone selling counterfeit
items will get caught.
There is a major concern related to counterfeit products.
Many items seen on the market may cause injury or death. Items such as
counterfeit electrical cords or electrical products with fake UL labels
on them could cause a fire and destroy a home or end a life. Items like
auto parts and airplane parts may be the cause of an accident and could
result in death. A simple product like a counterfeit wheel rim may crush
during hard breaking and cause a vehicle to flip.
One of the biggest areas where counterfeit products are
see is in medicine. Many products use ingredients not approved for use
in there country. Some may include unknown ingredients which when mixed
with a known medicine, could cause a bad reaction or death. Because a
persons life is more at risk, vendors offering counterfeit medicine are
being tracked down on a large scale.
The clothing industry is another big area which has seen
an increase in counterfeit products. Everything from sports shirts to
shoes are flooding the markets. One recent well know designer found
their tee-shirts were counterfeited and sold in an outdoor market. Soon
the investigation lead to an online vendor and a local warehouse. After
court, the designer was able to have the counterfeit items destroyed and
recovered several million in damages and it all started from a small
vendor selling just a few shirts. This vendor found out that even
selling just a few items does not protect them from loosing everything
they own.
TRADEMARK USED IN DOMAIN NAME
We laugh at the people who rush to buy a domain, which
uses a trademark in the name. These people soon learn if the website is
used to confuse customers or pull customers away from the trademark
owner, they may end up in US federal court.
Per our understanding, damages for using a trademark in a
domain name can be treated in two ways, (1) damages may be awarded in an
amount from $1000 to $100,000 or (2) damages may be based on profits
generated by the website from the date the domain was registered times
(x) three. This option could result in millions being awarded to the
trademark owner. For legal advice always consult with an attorney.
Before you purchase your next domain name, you need to
check to see if it is protected under US trademark laws. |
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SERVICES
Bramias, LLC conducts very detailed investigations
which help expose the counterfeit product manufacturers, major vendors
and importers. Our process includes on-line research, collection of
evidence and conducting on-site investigations. We work with your
attorney to recover evidence they need in order to file an application
for seizure of items.
When requested and approved by the
courts, we can aid law enforcement in a raid, conduct an inventory of
counterfeit products, review of computers and financial records,
relocation of products, help with security and storage of products and when
ordered we can aid in the destruction of counterfeit products.
We ask all clients to have their
trademarks registered with US Customs IP division. We can act as the
trademarks responding agent when shipments are stopped at the US border.
Bramias, LLC comes with many years of
background and knowledge which gives us an advantage over many other
firms.
You will find we are licensed in
Virginia as a private security firm with the Department of Criminal
Justice. We are registered with the US federal government, United
Nations, NATO, World Trade Center Association and the
Coalition Against Counterfeit and Piracy (CACP).
Our firm is able to manage a
nationwide contract and no project is too small. Our license allows us to conduct
not only private investigations, but we can also provide bodyguards,
armed security officers for hostile areas and electronic security
experts for bug detection, security cameras and alarm networks. Visit
www.bramias.net for information.
PAYMENT OPTIONS
We offer two payment options.
Option 1 - Direct, $125 per hour, per person, plus
expenses. A retainer of $5,000 due when contract is signed. Client is
billed each week after retainer is exhausted.
Option 2 -
Contingency, We will provide investigation services related to trademark infringement, copyright infringement or counterfeit products. The client or their agent agrees to pay us
10 (Ten) percent of any monies
recovered. We
reserve the right to reject any offer.
Bramias, LLC
PO Box 2254
Mechanicsville, VA 23116
01-804-503-8147
support@bramias.com
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NEWS
WEB HOSTING COMPANY HELD LIABLE FOR
COUNTERFEIT PRODUCT SALES FROM HOSTED WEBSITE
Recently, a very famous trademark
owner advised a hosting company about a website selling counterfeit
products. The trademark owner asked the website be closed down. The
website hosting company refused to take action toward the website. The
trademark owner then filed a case against the hosting company in US
court, claiming the hosting company aided the sale of
counterfeit products. The courts remarked the hosting company was
advised of the infringement and did nothing, thus supporting the
infringement. The trademark owner was awarded damages.
Read more here.
OUR POINT OF VIEW - The above
case seems it may hold many people and companies liable for supporting
the sale of counterfeit products. Services such as the shipper, storage
company, phone company, outside email companies, power company and so
many more. If they are advised of a counterfeit operation using their
services and they refuse to take action, then they may be held liable
for supporting the sale of counterfeit products. This is our personal
view, for legal advice always consult with an attorney.
INVESTIGATION REPORTS
We include some or all of the following in each report.
We explain why these area are listed.
Website address - main location where counterfeit items
are being sold.
Domain owner - information on the registered owner of the
website domain name.
Hosting company - This is provided so you can contact the
hosting company to have website closed down for selling counterfeit
products.
Shipping provider - This is provided so you have have
their shipping services stopped.
Outside email service provider - This is provided so you
can have their emails stopped.
Possible internet service provider - This is provided so
you can cut off the internet access allowing them to sale counterfeit
products.
Physical Address Owner - This is provided so you can
inform their property owner (if rented or leased) and have the
counterfeit operation closed at that location.
Telephone service provider - This is provided so you can
have their phone service cut off for supporting the sale of counterfeit
products.
Electrical power provider - This is provided so you can
cut off power to the physical location of the counterfeit operation.
Outside marketing providers - This area covers the many
search engines and related sites used by the counterfeiter to promote
the counterfeit products. This also includes any outside sales agent
programs the counterfeiter may be using.
Payment service provider - This includes any information
related to the methods used to receive payment from a customer.
We feel you should take full action to close down any
counterfeit operation which infringes on your trademark and creates a
loss of profits to your company. |
