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The old tactics of anticounterfeiting enforcement against street vendors and flea market operators have largely been replaced with online takedown notices, mass litigations against unnamed defendants and border enforcement. On the flip side, the “counterfeiting” label is being applied to activities different from what we have seen in the past, as reflected in the Second Circuit’s decision in Tiffany & Co. v. Costco Wholesale Corp. and elsewhere. Join Tony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein as he discusses these developments and their likely impact for the future.
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