Fortress Global's Intellectual Property (IP) assignments focus on all aspects of intellectual property and technology law including patents, trademarks, copyrights, unfair competition, trade dress, trade secrets, advertising and other related rights. Our intelligence gathering and investigative experience and knowledge enable us to assist IP attorneys to guide their clients in transactions involving intellectual property acquisition, development, protection and enforcement. We assist attorneys in providing intellectual property asset protection worldwide.

Expertise

Our focus and experience is in the following:

Management of Intellectual Property

  • Providing watch services for and surveillance of all forms of intellectual property worldwide through intelligence networks and proven investigative techniques.

Intellectual Property Infringement Litigation

  • Help IP attorneys gather evidence to execute their plans and strategies for litigation by identifying and securing the needed evidence and information including prosecution and defense of patents, trademarks and copyrights.

Representative Matters

Supported major multinational company in a brand name copyright infringement matter by gathering evidence in several Asian countries and in the U.S.

  • Gathered evidence of violation of a sales agreement and intellectual property infringement on behalf of a New York based media conglomerate.
  • Gathered evidence of a violation of a strategic partnership agreement and intellectual property infringement for a European biotech manufacturing and distribution company.

What Intellectual Property Misappropriation Constitutes a Crime?

According to the US Department of Justice, although civil remedies that may provide compensation to wronged intellectual property rights holders are available, “… criminal sanctions are often warranted to ensure sufficient punishment and deterrence of wrongful activity. Indeed, because violations of intellectual property rights often involve no loss of tangible assets and, for infringement crimes, do not even require any direct contact with the rights holder, the rights holder often does not know it is a victim until a defendant's activities are specifically identified and investigated. Congress has continually expanded and strengthened criminal laws for violations of intellectual property rights specifically to ensure that those violations are not merely a cost of doing business for defendants…”.

In addition to state laws, the most significant provisions are the following:

  • Counterfeit trademark crime is set out at 18 U.S.C. § 2320
  • Criminal infringement of copyrighted works is set out at 18 U.S.C. § 2319
  • IP infringement that rises to the level of criminal activity. Fortress Global Investigations often has the experience and access to help the company lawyers present the case to the appropriate authorities for investigation and possible criminal prosecution.
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