In addition to acquiring and maintaining copyrights and trademarks, the lawyers of Banner & Witcoff have frequently aided product manufacturers and distributors in seizing and destroying counterfeit goods, and the tools of such counterfeiting. Using the provisions of both the copyright law and the trademark law, our lawyers have successfully obtained ex parte orders from the Federal Courts authorizing the seizure and destruction of a variety of counterfeit merchandise, including audio music cassettes, hair care products, hand tools, tee-shirts and other goods. When necessary, goods have been seized at industry trade shows across the country.
Banner & Witcoff lawyers have directed and participated in all phases of seizure operations, from engaging and directing private investigators to collect the evidence necessary to support and obtain ex parte seizure orders, and coordinating with U.S. Marshals and local police departments in planning seizure raids, to actually participating in and supervising simultaneous raids at multiple site locations to maximize the benefit of multiple seizures, and gain clues to locating counterfeiting ringleaders.
Banner & Witcoff's experience in this area enables our lawyers to respond quickly to our clients’ notices of counterfeiting activities, overnight if necessary. In cases where criminal prosecution is warranted, firm members have worked closely with and assisted both local and Federal prosecutors toward gaining criminal convictions.