Effective brand and trademark management requires a modern, coordinated three-phase approach
Counterfeit goods have posed a persistent threat to brand integrity since the beginning of trademark law over a century ago. The rise of designer labels in the 1970s marked a turning point, fueling a counterfeit boom that has only intensified with the proliferation of e-commerce and online marketplaces. These digital channels have dramatically lowered the barriers to entry for bad actors, enabling the rapid spread of fake products. At the same time, globalization has expanded the scope of cross-border infringement and with the escalation of recent tariffs, countries – primarily China – have flooded the market with knock off goods. In this high-stakes environment, protecting brand reputation and revenue demands more than just registration requires a strategic, three-phase approach to trademark enforcement.
Protect: Safeguard trademarks with strategic prosecution
Smart brand protection in the face of today’s digital world prioritizes scalability and efficiency—particularly when navigating budget constraints and limited internal resources. Foresight with a strategic approach to trademark search is critical not only for streamlining the upfront process of securing rights but also for mitigating long-term risks. By identifying potential conflicts early, companies can avoid costly rebranding, litigation, and enforcement challenges down the line.
Deciding between a knockout or comprehensive search to initiate your trademark prosecution depends on many factors, including the novelty of the mark, market saturation, and pace of the industry. Our Trademark Search Portal provides some of the most thorough reports for the cost, ensuring customers receive clear insights into the viability of acquiring the trademark.
Trademark Search sample report
Detect: Both online and offline surveillance
In a single 2023 raid, authorities broke up a New York counterfeit goods trafficking operation with products worth more than $1 billion. More than 350,000 counterfeit luxury good items were confiscated across multiple locations. These types of seizures are growing across the board, and fast. According to U.S. Customs and Border Protection data, the total number of items seized for intellectual property rights violations tripled from 2020 (10.4 million) to 2024 (32.3 million).
As infringement volumes continue to rise, so do the risks to brand equity and consumer trust. To effectively counter increasingly sophisticated counterfeiting networks, infringement monitoring must be both swift and comprehensive. Proactive online surveillance—targeting registered trademarks, brand names, and lookalike terms—can uncover early signs of infringement and reveal patterns that offer insight into counterfeit operations before sales occur. These digital insights are crucial in guiding offline monitoring, where detection becomes more complex and where many enforcement efforts begin to falter. However, leveraging specialized tools and services—such as parcel tracking technologies, product authentication systems, and experienced investigators—can significantly enhance detection capabilities and make the added effort both manageable and worthwhile.
Enforce: Penalize and deter bad actors
Once counterfeits are uncovered through online and offline detection, swift and strategic enforcement becomes the next critical phase. This is where opposition management takes center stage. Speed is essential—brands must be ready to act with the agility and scale required to confront infringers head-on. Effective enforcement begins with a thorough infringement analysis, which includes collecting admissible evidence, assessing the scope of the violation, and quantifying potential damages. At UnitedLex, we help clients mobilize quickly, leveraging deep domain expertise to ensure each enforcement action is built on a foundation of clear, defensible analysis.
With priorities aligned and evidence in hand, the enforcement process moves forward. This can involve a range of targeted actions—from issuing cease and desist letters and takedown requests to filing reports with online platforms and initiating coordinated offline interventions, including on-the-ground searches, seizures, and raids. UnitedLex orchestrates these efforts seamlessly, ensuring comprehensive coverage and accountability for every counterfeit threat. As matters escalate to litigation, we help clients stay ahead by preparing proactively for eDiscovery and trial, enabling efficient, effective legal action that keeps brand protection efforts one step ahead of counterfeiters.
Carrying out the enforcement phase of brand protection can seem daunting and expensive. However, the rewards for diligent brand management can be well worth the effort. In 2008, for example, Adidas was awarded $304.6 million from Payless Shoesource for infringement on its iconic three-stripe trademark logo, at that time it was the largest verdict in a trademark infringement case. Adidas aggressively defends its three-stripe logo trademark, filing more than 90 lawsuits and entering 200+ settlement agreements since 2008. This level of enforcement requires 360 degree monitoring from a dedicated team of specialists that most companies cannot maintain in-house.
Level the playing field with expertise
Executing this three-pronged approach may seem daunting, especially as the volume of counterfeits rises globally. When customers partner with our team of experts at UnitedLex, they routinely save and even recoup measurable costs in their battle against counterfeiters.
From the initial trademark search through enforcement actions against trademark infringers, our team of IP experts work to understand your business and legal strategy. With that knowledge, we can support you with the strategic, legal, technical, and administrative aspects of trademark management. To make it super easy to get started, check out our Trademark Search Portal where you can request a knockout or comprehensive search in minutes.
Contact us today for a complimentary assessment of your trademark and brand protection, detection, and enforcement program.
