Combatting Counterfeiting: Legal Strategies for Brand Owners

Stanley Ference, Stanley has an extensive background in intellectual property law, including Online Counterfeiting. He advises clients on all aspects of patent, trademark, and copyright law. Stanley’s practice includes litigation for both plaintiff and defendant, patent prosecution for computer-related technology, trademark prosecution and oppositions. Stanley has argued before the U.S. Court of Appeals for the Federal Circuit and has served as an expert witness. He is an E-Discovery Special Master for the United States District Court for the Western District of Pennsylvania. Ference was selected to the 2022 Pennsylvania Super Lawyers list. In 2020 Stanley was recognized by Best Lawyers in America, Chambers & Partners, IP Stars and Super Lawyers. He has also been recognized as a Lawyer of the Year by U.S. News and the firm has been recognized as a Best Law Firm.

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> Here’s a glimpse of what you would learn…. 

• Importance of protecting intellectual property (IP) for e-commerce businesses.
• Challenges posed by online counterfeiting and its impact on brand owners.
• Legal options available for e-commerce sellers facing IP infringement.
• Differences between patents, trademarks, and copyrights.
• Emotional and financial toll of counterfeiting on entrepreneurs.
• Strategies for enforcing IP rights and taking legal action against infringers.
• The role of online marketplaces in IP protection and their limitations.
• Mindset shifts for entrepreneurs regarding counterfeiting as a sign of success.
• Continuous monitoring and enforcement of IP rights as a necessity.
• Actionable steps for e-commerce sellers to secure and enforce their intellectual property.

In this episode of the Ecomm Breakthrough Podcast, host Josh Hadley discusses the critical issue of online counterfeiting with Stanley Ference, a leading patent attorney from Pittsburgh. Josh shares his personal struggles with intellectual property (IP) protection, emphasizing its importance for business growth. Stanley offers expert advice on navigating IP challenges, including patents, trademarks, and copyrights. He highlights the necessity of proactive legal action and continuous enforcement to protect e-commerce brands. The episode provides actionable insights for seven-figure business owners aiming to scale, stressing the value of professional legal guidance in safeguarding their intellectual property.

Here are the 3 action items that Josh identified from this episode:

1. Prioritize IP Registration and Enforcement: Secure patents, trademarks, and copyrights for your products, and be proactive in monitoring for infringement. Regularly enforcing these rights is essential to protecting your brand from counterfeiters and should be a core business practice.

2. Consider Legal Action When Facing Infringement: When encountering counterfeits, consult with a legal expert to assess your options, even if you don’t have formal IP protections in place. Legal professionals can help you navigate complex cases, and actions like asset freezing orders can have a significant impact on reducing counterfeit activity.

3. Be Prepared for Ongoing IP Protection: Recognize that IP enforcement is an ongoing effort. Regular monitoring of marketplaces and prompt action against infringers will help maintain your brand's integrity and reduce the risk of long-term damage. Stay organized and informed to streamline your IP protection strategy effectively.

Resources mentioned in this episode:

• Josh Hadley on LinkedIn
• eComm Breakthrough Consulting
• eComm Breakthrough Podcast
• Email Josh Hadley: Josh@eCommBreakthrough.com
• Amazon Brand Registry
• Apex Program for Patents
• My Life in Court by Louis Nizer
• Ference Law
• Bill Gates on LinkedIn
• Steve Jobs on LinkedIn
• Steve Wozniak on LinedIn

Special Mention(s):

• Adam “Heist” Runquist on LinkedIn
• Kevin King on LinkedIn
• Michael E. Gerber on LinkedIn

Related Episode(s):

• “Cracking the Amazon Code: Learn From Adam Heist’s Brand Scaling Secrets” on the eComm Breakthrough Podcast
• “Kevin King’s Wicked-Smart Tips for Building an Audience of Raving Fans” on the eComm Breakthrough Podcast
• “Unlocking Entrepreneurial Greatness | Insider Secrets With E-myth Author Michael Gerber” on the eComm Breakthrough Podcast

Episode Sponsor

This episode is brought to you by eComm Breakthrough Consulting where I help seven-figure e-commerce owners grow to eight figures. 

I started Hadley Designs in 2015 and grew it to an eight-figure brand in seven years.

I made mistakes along the way that made the path to eight figures longer. At times I doubted whether our business could even survive and become a real brand. I wish I would have had a guide to help me grow faster and avoid the stumbling blocks.

If you’ve hit a plateau and want to know the next steps to take your business to the next level, then go to www.EcommBreakthrough.com (that’s Ecomm with two M’s) to learn more.

Transcript Area

Josh 00:00:00  Welcome to the Ecomm Breakthrough podcast. I'm your host, Josh Hadley, where I interview the top business leaders in e-commerce. Past guests include Kevin King, Michael Gerber, author of The E-myth, and Stephen Pope of My Amazon Guide. Today, I am speaking with Stanley Ferentz, one of Pittsburgh's leading paten...