Vol. 101 TMR 249
NOTICE AND TAKEDOWN FOR TRADEMARKS
By Frederick W. Mostert
and Martin B. Schwimmer
THE CASE FOR EXPEDITEDDISPUTE RESOLUTION PROCEEDINGSFOR ONLINE TRADEMARK DISPUTES
Trademark fraud on the Internet is rife. Online customers areexposed to a plethora of deceptive and misleading practices thathave become endemic on the World Wide Web. Intellectualproperty (IP) abuse ranges from sales of hardcore counterfeit goodsdirectly drop-shipped from Chinese factories via sophisticatedwebsites, to tampered goods sold under the false pretense of aproper warranty, to fraudulent advertising scams.
Customers whoput their faith and trust in Internet transactions are being connedand deceived at an exponentially increasing rate in virtually everyjurisdiction of the globe.
Worse yet, customers face increasingchallenges relating to both online identity theft and financial theftat the hands of fraudsters posing as legitimate and trustedcompanies.
Chief Legal Counsel, Richemont, London, Regular Member, InternationalTrademark Association; Past President, International Trademark Association; GuestProfessor, Peking University; Visiting Professor, University College, London; Fellow,London School of Economics; principal author of Famous and Well-Known Marks: AnInternational Analysis.
Partner, Leason Ellis LLP, White Plains, New York, Associate Member,International Trademark Association; publisher of The Trademark Blog; coauthor of Famous and Well-Known Marks: An International Analysis.The authors would like to express their gratitude to the following individuals for theirthoughtful insights: Tom McCarthy, Graeme Dinwoodie, Charles Gielen, Jay Monahan,Sarah Deutsch, Ilanah Simon, Dev Gangjee, Chen Xuemin, Dan Bereskin, Miles Alexander,Christopher Bellamy, Helen Newman, Anne Gundelfinger, Susan Scafidi, Stacey King,Elizabeth May, and Matthew Moore.1. Cartier International AG v. HauteLook, Inc., No. 1:2010cv05845 (S.D.N.Y. filedAug. 3, 2010).2. U.K. Intellectual Property Office, IPO Crime Group,
IP Crime: Annual Report 2009-2010
, http://www.ipo.gov.uk/ipcreport09.pdf; Press Release, Trading Standards Inst.,
DoYou Know the Shock Cost of Fakes?
, http://www.tradingstandards. gov.uk/policy/policy-pressitem.cfm/newsid/248; SpotCounterfeits,
Which Countries Produce the MostCounterfeits?