The Toy Association™ Addresses Counterfeiting & Piracy Concerns in Comments to USPTO

counterfeit-bearAugust 28, 2023 | The Toy Association™ has submitted comments to the U.S. Patent and Trademark Office (USPTO) that address members’ priorities regarding anti-counterfeiting and piracy strategies.

The Association’s letter, which includes input from the IP Steering Committee, is based on previous Association white papers, Federal Trade Commission Impersonation Rule comments, and other related documents. The comments stress that fraudulent products put consumers at risk and detail the challenges and preventative measures manufacturers take to fight counterfeits.

“The growing trend of online marketplaces becoming breeding grounds for counterfeit goods, plus the rise of social media marketplaces, the increased availability of counterfeits through search engines, the use of targeted advertisements for deceptive purposes, and the proliferation of fake reviews is putting consumers at risk every day,” said Ed Desmond, executive vice president of global government & regulatory affairs at The Toy Association.

Continued Desmond: “To address these issues, we propose proactive screening of sellers and products, the need for consistent and transparent brand protection programs, improved transparency in seller identity, and legislative actions like the SHOP SAFE Act to hold e-commerce platforms accountable for facilitating counterfeit sales. Without decisive action, the potential consequences are dire, as counterfeit products could flood the market, jeopardizing consumer safety, brand reputation, and the economy at large.”

The USPTO will host a roundtable discussion regarding the future of anti-counterfeiting and anti-piracy on Tuesday, October 3, online and in person at the agency’s headquarters in Alexandria, Virginia. It is open to the public and there is no charge to attend. Advance registration is required for online and in-person attendance.

Topics of discussion will include:

  • The recent evolution and growth in counterfeiting and piracy
  • The types of harms that have come from the sale of counterfeit and pirated products
  • Successful collaborative efforts between public and private entities to combat the sale of counterfeit and pirated products
  • Effective technological solutions being used to stem the flow of counterfeit and pirated products into the marketplace
  • The future of anti-counterfeiting and anti-piracy strategies

For more information, visit the USPTO website.

For more information on The Toy Association’s advocacy work to combat counterfeits and IP protection, visit thetoyassociation.org/advocacy.