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Direct Response Marketing

Field Reports

1 Jun, 2005 By: Thomas Haire, Nicole Urso Reed, Gregory J. Sater Response

Combating Counterfeit Pharmaceutical Marketing

The foregoing legal remedies are not complicated. The hard part is detection and enforcement outside the U.S. Once you identify counterfeiters in a foreign land, how can you stop them before their goods reach the U.S.?

The answer is neither simple nor cheap. First, marketers should be proactive in buying as many Internet domain names as possible (and not just .com) that include their trademark (and any closely resembling typos). Second, marketers should monitor the U.S. marketplace — in particular all Web sites — for the presence of counterfeit goods.

Once discovered, marketers should immediately bring legal action in the United States to obtain information that identifies the foreign source of those goods. Private investigators and a local law firm should be retained in the foreign country to detect and bring legal action against counterfeiters.

For more information, the International AntiCountefeiting Coalition ( can provide useful tips. ?

Gregory J. Sater is partner in a Los Angeles law firm. He specializes in intellectual property, advertising and marketing law and can be reached at (310) 286-1700.

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