january, 2011 annual counterfeiting conference newsletter conf toronto nov … · n.a.t.e.’s...

C O P Y R I G H T © 2 0 1 1 K E S T E N B E R G S I E G A L L I P K U S L L P

November 30 - December 3, 2010 Markham, Ontario The 15th Annual Fraud & Anti-Counterfeiting Fraud was once again held in Toronto, On-

tario. Interest this year was the highest in years. This year the conference had over 160

registered attendees comprised of law enforcement, CBSA, CRA, Crown prosecutors, in-

vestigators, industry and brand protection representatives, Health Canada and other gov-

ernmental agency representatives. As in past years the conference was honored to have

representatives not only from all across Canada but the United States and Mexico as well.

This year South America was added to the growing list of countries participating.

The format and flow of the conference was enhanced through the use of topical panels

which helped keep the presentations cohesive and timely. This year they included:

Anti-Counterfeiting Organizations and Associations Panel

Brand Protection Panel

Criminal Enforcement Updates Panel

Cross-Border Anti-Counterfeiting Panel

Global Anti-counterfeiting Enforcement Efforts Panel

Investigator Panel

Pharmaceutical Panel

Prosecuting Intellectual Property Cases Panel

Public Service Campaigns & Media Relations Panel

Along with informative case studies and product identification panels this year truly had

something for everyone.

The 15th Annual was fortunate to have had many special speakers; such as,

Graham Henderson, the President of the Canadian Recording Industry Asso-ciation, gave an informative talk on connecting IP enforcement and innovation. Graham captivated the attendees through his passion and huge knowledge base on this topic;

Rob Holmes, the founder and CEO of IPCybercrime.com, came in from Texas to share his thoughts on cyber crime and offer up some eye opening case stud-ies on internet counterfeiting and piracy;

Sgt. Rob Ruiters, who is the National Program Manager of the Pipeline/Convoy Program, came in from Regina to give an animated and highly informa-tive talk on the program and how it is designed to increase the awareness of the front line uniformed police officers by elevating their observational, conversation and investigative skills so as to help spot travelling criminals on our roadways;

David Shillingford, the President of ISO Crime Analytics Inc out of New Jer-sey, discussed the power and perils of crime data sharing. David discussed the

N . A . T . E . ’ S A N T I ‐ C O U N T E R F E I T I N G R E P O R T

15th Annual Fraud & Anti‐Counterfeiting Conference

All New ‐ All Different

KSL

Kestenberg Siegal Lipkus LLP

January, 2011

Upcoming Events

May 4 - 6, 2011

6th Global Forum on Pharmaceutical

Anti-Counterfeiting

Millennium Gloucester Hotel, London

www.pharma-anticounterfeiting.com

May 11-13 2011

San Francisco, CA

IACC Spring Conference

www.iacc.org

Nov 15 - 18, 2011

NADDI State/Regional and

Annual Training Conferences

Jacksonville, FL

naddi.associationdatabase.com/aws/NADDI/pt/sp/events

November 29-December 2, 2011

16th Annual Anti-counterfeiting

Fraud Conference

Markham, Ontario

Visit the Canadian Anti-

Counterfeiting Network (CACN)

website for further news and up

coming events

WWW.CACN.CA

Visit the Canadian Intellectual

Property Council (CIPC) website

for further news and up coming

events

WWW.IPCOUNCIL.CA


benefits of systems that allow incident information to be shared amongst brand holders and with law en-forcement. Data security was discussed in great detail and how these large scale systems address those concerns;

Tom Slahta and Georgina Starkman Danzig, both of Kestenberg Siegal Lipkus LLP, once again had the unenviable task of providing insight into copyrights, trade-marks, industrial designs and patents are and how to tell them apart. They also went into detail on current legislation and showed how applicable anti-counterfeiting legislation dealt with fines and penalties. Discussion relating to Criminal Code Offenses in-cluding Forgery, Passing Off and Fraud; Packaging Laws; CA, RN AND RFC Numbers; Consumer Protec-tion Legislation; Relevant Powers of Customs in Counterfeiting Cases; and Grey Market Goods added to the mix of the legal framework available to deal with anti-counterfeiting issues.;

Georgina Starkman Danzig and David S. Lipkus, also of Kestenberg Siegal Lipkus LLP, discussed the Civil enforcement process and the various remedies it can provide and how Industry, law enforcement and prosecutors can work together to “get the case ready”. In addition, they showed how Civil enforcement can assist a criminal case at a later date by providing a method to prove that the infringer had knowledge of the illegal activity they have been subsequently charged with.

Feedback from the Conference once again focused on how many opportunities the attendees had to mix and mingle with

others in the anti-counterfeiting world –not only from across Canada but from Mexico, North, Latin and South America as

well. The benefit of this open atmosphere to network with their peers, exchange ideas, and participate in instructional

sessions has always proven to be exceptional. As technology increases at an incredible rate we have learned that see-

ing what is going on in each of Canada, the United States, Mexico and now Brazil and Latin America, affects everyone

else.

The conference was opened with the following lineup of outstanding keynote addresses:

Graham Henderson, shared his insight and view of the counterfeiting situation;

Bob Weese, Chair of the CIPC and VP Government & External Relations at GE Canada talked about the counterfeiting problem has affected his industry and Canada;

Travis Johnson, Associate Counsel at the IACC, out of Washington, DC, updated us on his organizations efforts in the world of Anti-Counterfeiting.

Opening remarks were made by:

Lorne M. Lipkus, Kestenberg Siegal Lipkus LLP, Toronto, ON

Insp. Todd Gilmore, OIC, RCMP GTA Federal Enforcement Section, Newmarket, ON

Det. Sgt. Cameron Field, Fraud Squad, Toronto Police Service, Toronto, ON

Kevin R. Ryan, Supervisory Special Agent, ICE, Department of Homeland Security, Buffalo, NY, USA

The introductory remarks once again stressed the importance of cooperation and partnership between intellectual prop-

erty owners, various law enforcement agencies in Canada and in other countries and the need for improved legislation

and a change in the status quo by receiving a stronger mandate from the government to assist law enforcement and cus-

N . A . T . E . ’ S A N T I - C O U N T E R F E I T I N G R E P O R T

Travis Johnson Insp. Todd Gilmore Det. Sgt. Cameron Field Kevin R. Ryan Graham Henderson Bob Weese Lorne M. Lipkus


toms to help stop the continued increase of counterfeiting crime in Canada.

Through a combination of case studies presented by several industry representatives, law enforcement and Kestenberg

Siegal Lipkus LLP representatives as well as presentations on behalf of most of the intellectual property owners, atten-

dees were able to assess the various strategies and sometimes anti-counterfeiting technologies used by rights holders in

different industries.

While the main conference began, in a separate room a media round table, which was hosted by Microsoft, had a panel

comprised of individuals involved in different facets of the counterfeiting fight. The attendees on this panel consisted of:

Panelists:

Lorne M. Lipkus, Kestenberg Siegal Lipkus LLP, Toronto, ON

Chris Tortorice, Microsoft Canada, Mississauga, ON

Travis Johnson, Vice-President, IACC, Washington DC, USA

Insp. Todd Gilmore, OIC, RCMP GTA Federal Enforcement Section, Newmarket, Ontario

Kevin Spreekmeester, Canada Goose, Toronto, ON

Bob Weese, Chair Canadian Intellectual Property Council (CIPC), VP Government & External Relations, GE Canada, Mississauga, ON

As in previous years one of the highlights is always the wide array of counterfeit and authentic items displayed on behalf

of numerous brands as well as the display and demonstration by several brand protection companies of the latest in cut-

ting edge technology. This not only gives the attendees a chance to meet and greet the

brand representatives but gives them a chance to actually touch and analyze the large

amount of counterfeit in a way they never otherwise would have. Representatives of some

of the brands and members of Kestenberg Siegal Lipkus LLP were in attendance to provide

instruction and information on how to detect the difference between authentic and counter-

feit products.

The items included all manner of consumer products including accessories, apparel, auto-

motive parts, batteries, cellular phone accessories, electrical products, eyewear, footwear,

ink jet and toner cartridges, jewelry, leather goods, novelty items, optical discs, perfume,

pharmaceuticals, plush toys, software games, toys, trading cards and videos.


N.A.T.E.’s

Anti-Counterfeiting Report

Created and designed by

Wayne Lipkus

Published by

Lorne M. Lipkus

Kestenberg Siegal Lipkus

LLP

65 Granby St.

Toronto, Ont M5B 1H8

416.597.0000

WWW.KSLLAW.COM


Randall Burgess (Moderator): VP Americas, Reconnaissance International, Charlotte, NC, USA Travis Johnson: Associate Counsel, International Anti-counterfeiting

Coalition (IACC), Washington, DC, USA

Allen Westerfield: President, Imaging Supplies Coalition (ISC), Venice, FL, USA

Charlie Cichon: Director NADDI, Baltimore, MD, USA

Lorne M. Lipkus: Kestenberg Siegal Lipkus LLP, Chair of the CACN Education and Training Committee, Chair of the CIPC Education and Outreach Committee, Toronto, ON


A special thanks of appreciation to the following who did such a great job of moderating our panels:

Randall Burgess: VP Americas, Reconnaissance International, Charlotte, NC, USA

Georgina Starkman Danzig: Partner, Kestenberg Siegal Lipkus LLP, Toronto, ON

R.J. Falconi, Executive VP, General Counsel & Corporate Secretary, CSA Group, Toronto, ON

Lorne M. Lipkus: Kestenberg Siegal Lipkus LLP, Toronto, Ontario

David S. Lipkus: Kestenberg Siegal Lipkus LLP, Toronto, ON

Dave Lukasik: Corporate Brand Protection, LLC, Chicago, IL, USA

Tom Slahta: Kestenberg Siegal Lipkus LLP, Toronto, ON

Dr. Anne Wilcock, Department of Marketing and Consumer Studies, College of Management and Economics, University of Guelph, Guelph, ON

Anti-Counterfeiting Organizations and Associations Panel

Brand Protection Panel

PANELS

Randall Burgess (Moderator): VP Americas, Reconnaissance International, Charlotte, NC, USA Jeffrey M. Lord: ATL Security Label Systems, Pharmaceutical

Labeling Engineer, Menomonee Falls, WI, USA

Brian Nicholas: SICPA Product Security LLC, Springfield, Virginia, USA

Todd Andrea, Chief Executive Officer, Agnovi Corporation, Toronto, ON

Mike Jaczewski: Regional Program Direction, Pica Corporation, Tampa, FL, USA


Criminal Enforcement Updates Panel

Cross-Border Anti-Counterfeiting Panel

Global Anti-counterfeiting Enforcement Efforts Panel

Lorne M. Lipkus: Kestenberg Siegal Lipkus LLP, Toronto, ON

Det. Robert Whalen, Toronto Police Service, 55 Division

S/Sgt. Gene Hann, RCMP, Newmarket, ON

Sgt. John Mecher, RCMP, Milton, ON

Cst. Dang Nguyen, RCMP, Edmonton, AB



Mario Loaiza: Mario Loaiza & Associates, Inc., Weston, FL, USA

Diana Karina Martinez or Gerardo Ortiz: Arochi, Marroquín & Lindner , México City, México

Kevin Ryan: Supervisory Special Agent, Department of Homeland Security, ICE, Buffalo, NY


Gerardo Ortiz: Arochi, Marroquín & Lindner , México City, México

Joaquim Eugênio Goulart: Dannemann Siemsen Advogados, Rio de Janeiro, Brazil

Investigator Panel

David S. Lipkus: Kestenberg Siegal Lipkus LLP, Toronto, ON

Rob Holmes: CEO IPCybercrime LLC, Plano, TX, USA

James N. Philips: Investigator, Frontline Forensic Investigations and Coordinator-Law & Security Administration Program Conestoga College, Guelph, ON

Mike Jaczewski: Regional Program Direction, Pica Corporation, Tampa, FL, USA

Ed Nagel: Principal, Nagel + Associates, Toronto, ON


A special thanks of appreciation to all those who donated by way of raffle tickets,

silent auction or hospitality suite.

Despite the tough times we managed to raise over $3,500 and 100% of that was donated to the

Children’s Wish Foundation.

Pharmaceutical Panel

Prosecuting Intellectual Property Cases Panel


Georgina Starkman Danzig: Partner, Kestenberg Siegal Lipkus LLP, Toronto, ON

Charlie Cichon: Director NADDI, Baltimore, MD, USA

Nathaniel Lipkus: Lawyer, Gilbert’s LLP, Toronto, ON

Tom Slahta: Kestenberg Siegal Lipkus LLP, Toronto, ON

John Raftery: Assistant Crown Attorney, Ministry of the Attorney General, Brampton, ON

Sgt. Robert Whalen: Toronto Police Service, 55 Division, Toronto, ON

Public Service Campaigns & Media Relations Panel

Dr. Anne Wilcock, Department of Marketing and Consumer Studies, College of Management and Economics, University of Guelph, Guelph, ON

Natasha Compton: Vice-President, High Road Communications, Toronto, ON

Travis Johnson: Associate Council, International Anti-counterfeiting Coalition (IACC), Washington, DC, USA


Christopher Tortorice Microsoft Canada Inc.

Toronto, ON

Brand Training

Training has always been the cornerstone of the annual conference and this year was no exception. A warm thanks to those brands representatives who travelled and took time out of their schedules to not only personally train the attendees but make themselves available throughout the breaks while

they were there.


Akitomo Nagata Canon USA

Lake Success, NY, USA

Mathew Platzer Dolce & Gabbana

New York, NY, USA

Lori Ball Molson

Toronto, ON

Lori Colbert Nike

Beaverton, OR, USA

RJ Falconi CSA Group Toronto, ON

Terry Hunter CSA Group Toronto, ON

Maria Tesla Canon Canada Inc.

Toronto, ON

Holly Bitter Sony Electronics Inc. San Jose, CA, USA


This year we were fortunate to have a wide range of topical and informative presentations. Civil Enforcement: the use of Cease & Desist Letters / Court Orders/ Separate Actions Georgina Starkman Danzig, Kestenberg Siegal Lipkus LLP, Toronto, ON David S. Lipkus, Kestenberg Siegal Lipkus LLP, Toronto, ON Cyber Crime: Internet Counterfeiting and Piracy Rob Holmes, IPCybercrime.com LLC, Plano, TX, USA Introduction to Anti-Counterfeiting Investigation and Prosecution Tom Slahta, Kestenberg Siegal Lipkus LLP, Toronto, ON Georgina Starkman Danzig, Kestenberg Siegal Lipkus LLP, Toronto, ON Connecting IP Enforcement and Innovation Graham Henderson, President, Canadian Recording Industry Association (CRIA), Toronto, ON Legislation Tom Slahta, Kestenberg Siegal Lipkus LLP, Toronto, ON Georgina Starkman Danzig, Kestenberg Siegal Lipkus LLP, Toronto, ON Role of the Pipeline / Convoy Program in Anti-counterfeiting Enforcement Sgt. Rob Ruiters, National Program Manager, Pipeline/Convoy Program, Regina, SK

The Power and Perils of Crime Data Sharing David Shillingford, President, ISO Crime Analytics Inc., Jersey City, NJ, USA


Conference Presentations

SPECIAL OFFERS NADDI is offering a FREE membership for the attendees of the KSL Conference. Contact Charlie Cichon at [email protected] for further information. Below is a direct link to the 2011 NADDI State/Regional and Annual Training Conferences. http://naddi.associationdatabase.com/aws/NADDI/pt/sp/events. Reconnaissance International: Authentication News is the monthly comprehensive source on authentication strategies and technologies for brand protection, document security and personal identification. New subscribers receive a 25% discount through KSL. Visit www.authenticationnews.com to receive a sample copy and sign up for your subscription. Please write KSL on your subscription form to receive your 25% discount



A Special Thanks To All our Sponsors

During those break times it is nice to have something to keep us going.

Many thanks and much appreciation to the following companies who sponsored

our coffee and tea breaks:

Agnovi Corporation

CargoNet

Dannemann Siemsen Advogados

Kestenberg Siegal Lipkus LLP

Mario Loaiza & Associates

Nagel + Associates

The International Anticounterfeiting Coalition

The Canadian Intellectual Property Council (CIPC) for sponsoring the opening reception for all attendees

on Tuesday, November 30, 2010

The International Anticounterfeiting Coalition for sponsoring lunch for all attendees

on Wednesday, December 1, 2010

The CSA Group for sponsoring dinner for all attendees

on Wednesday, December 1, 2010

Arochi, Marroquin & Lindner, S.C., from Mexico

ATL Security Label Systems, from Wisconsin, USA and

Kestenberg Siegal Lipkus LLP, from Toronto, for sponsoring our closing reception on Thursday, December 2, 2010



Special Presentations

Vancouver International Mail Centre Canada Border Services Agency

Vancouver International Mail Center (VIMC) Postal Customs, Vancouver BC

Royal Canadian Mounted Police (RCMP)

"E" Div. Border Integrity Program, Federal Enforcement Unit.

“Hockey Jersey Case”

Travis Johnson, on behalf of the International Anti-counterfeiting Coalition (IACC) and Lorne M. Lipkus, on behalf of the Canadian Hockey Association (CHA), presented 2010 Award of

Merit to Insp. Todd Gilmore of the RCMP Toronto Detachment and Sharon McLetchie of the CBSA for the largest seizure of counterfeit hockey jerseys in Canadian history. Special thanks were also

given by Erin Mathany on behalf of the Canadian Olympic Committee.


Lorne M. Lipkus as chair of the Education and Training Committee of Canadian Anti-Counterfeiting Network (CACN) and on behalf of Kestenberg Siegal Lipkus LLP present the

Lifetime Achievement Award in the field of anti-counterfeiting to

Retired Insp. Peter Goulet.


Special Presentations

Toronto Police Department

“Project Outback”

Travis Johnson, on behalf of the International Anti-counterfeiting Coalition (IACC) and

Lorne M. Lipkus, on behalf of the Canadian Hockey Association (CHA), presented 2010 Award of Merit to

Insp. Mary Lee Metcalfe of 55 Division for their outstanding work for their enforcement efforts against house party counterfeiting operations.



BOOT CAMP 2010 1st TIME IN CANADA

Rob Holmes, CEO of IPCybercrime.com LLC, has created an exciting workshop on the state-of-the-art techniques that have made him the premier innovation leader in the online investigations industry and for the first time ever has brought it to Canada. Rob showed us how to investigate the new breed of faceless criminals, the “online infringers”. What was fascinating to the attendees was how many tools are available to assist all investigators, includ-ing novices. The ability to find out historical website information, locate a prior owner of a website, geo-locate someone from an email and make undercover purchases without being traced are only a few of the exciting tips that were shown. In addition, Rob brought friends. Tony Wright is one of the world’s leading experts on search engine optimization and helped everyone understand the power and importance of search engines. In an innovative twist on presenting, Steve Topletz, a security expert and speaker on privacy and human rights, presented to the attendees via a web video feed. Steve talked about hacking and anonymity and widened the eyes of the attendees on how exposed a typical web surfer is.

january, 2011 annual counterfeiting conference newsletter conf toronto nov … · n.a.t.e.’s...

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