AMS TRADE employs a variety of tools to safeguard and enforce client IP rights, including working with the appropriate government agencies, navigating clients through traditional litigation, and monitoring, identifying, and seeking take-down of illegitimate product listings and websites.

Post-ITC Investigation Enforcement

AMS TRADE delivers proven skill in the enforcement of ITC remedial orders. We ably guide clients through the enforcement phase following the issuance of an exclusion order, work with U.S. Customs and Border Protection to achieve effective strategies to enforce ITC remedial orders, and/or help to minimize the disruption such orders cause. We:

• Deliver an individualized, hands-on approach to problem solving that allows us to adapt to the ever-changing legal landscape surrounding the enforcement of ITC exclusion orders.
• Assist IP owners in ensuring that infringing products are excluded from entry into the United States, including seeking formal rulings of infringement from the CBP or ITC, where appropriate.
• Work with importers to ensure non-infringing products are permitted entry into the United States, including seeking rulings by Customs regarding non-infringement of a redesign and/or ensuring that products not covered by exclusion orders are permitted entry without disruption.

Brand Protection and IP Enforcement

Intellectual property protection and enforcement of brand name products is increasingly complex now that practically all retail commerce is online. Manufacturers of counterfeits and deceptive knock-offs exploit algorithms to attract customers that result in prominent placement in search results and/or fake websites – many of which are virtually indistinguishable from the real thing. Even the most vigilant IP owners find themselves struggling to get ahead of the seemingly endless flow of illegitimate products.

We work directly with clients involved in online marketplaces, brand protection professionals, and the U.S. government agencies responsible for enforcing intellectual property rights to defend against infringement. We:

• Register trademarks and copyrights to help clients proactively protect their intellectual property.
• Have experience resolving enforcement issues expeditiously and, in many instances, without the need for litigation.
• Turn to litigation when it is the best solution to stop counterfeiters by representing clients in District Court patent litigation cases and Section 337 investigations at the ITC.
• Coordinate with online marketplaces to take down listings of counterfeit products and work with Customs to stop counterfeit goods at the border.