INTELLECTUAL PROPERTY MATTERS
TRADE NAME USAGE
Our office has cleared tens of thousands of trade names
currently in use by our clients.
From a search report, we establish contact with owners and, utilizing a suitable
ruse, we obtain information with regard to their use of the name. This investigation determines the use, scope of sales, types of products, how long, etc. If
not used, it determines the nature of the product as it was, and confirmation
from several sources that it is no longer in use.
Cases such as these involve both products as well as trade names. With regard to products, we obtain samples as well as determining the geographic scope of sales. With regard to trade names for companies, we try to key in on why the subject picked the name that they did. We
have had hundreds of instances where a company would attempt to do business
under a name very similar to one of our clients, and during the course of
our investigation, admit that they are indeed aware of our client, and then
subsequently compare themselves to them.
This takes the infringement investigation one step further with respect to
documenting any confusion or knowledge of confusion referenced by the subject. We
have had numerous cases where the subject of a potential infringement action
has readily admitted to our agents that they received confused telephone
calls for our client.
We have performed over 10,000 ex parte seizures in the United States to date. We
set up the sellers for both civil and criminal prosecutions.
These types of cases are rather in-depth and long running inasmuch as many
diverters act in a more clandestine manner than counterfeiters. Worldwide, we have identified sources of “gray market” merchandise
for our clients, as well as assisting them in creating anti-diversion safeguards.
TRADEMARK AND DOMAIN PURCHASES
We have purchased some of the biggest trademarks currently being marketed
in the United States. Rather than have our client approach the trademark holders, we approach them, and negotiate from a much less “substantial” standing. We
estimate we have saved our clients millions of dollars by having us approach
and negotiate instead of the clients going directly.
the trademark or domain assignment has been executed from the subject to
one of our agents, we immediately assign the mark to the client.
EXPERT WITNESS TESTIMONY
David Woods has been called upon to testify as an expert witness both for
the Prosecution and the Defense in many matters. One
occasion was testifying on behalf of the Pennsylvania Crime Commission, which
investigated the involvement of Organized Crime in counterfeits within the
Commonwealth of Pennsylvania.
GENERAL CORPORATE MATTERS
this capacity, we are brought in on an external basis to not only investigate
a specific theft, but to make recommendations regarding the security of the
Since our office is in daily contact with hundreds of subjects in all different
categories of product lines, we have the ability to put out “feelers” for specific types of merchandise; once we have learned that a hijacking of one of our clients’ products
If supplied with specifics regarding the merchandise that was stolen, our office begins contacting numerous wholesalers in the Metropolitan area of the hijacking to determine if anyone is “offering” substantially
An example of this type of operation occurred when one of our clients, a major
contact lens manufacturer, had $80,000.00 worth of lenses stolen from J.F.K.
International Airport in New York. We were able to determine that a particular doctor in Manhattan was offering almost identical quantities of this particular product for sale at a substantially reduced price. We immediately instituted an undercover investigation, subsequently meeting with the subject and obtaining samples of said product; thus confirming that it was part of the stolen shipment. We made arrangements for the “buy,” brought
in the appropriate law enforcement agency, and made the bust.
PROPRIETARY INFORMATION LEAKS
If a competitor company is found to be “one step ahead” of
the client in coming out with a particular product line, the situation may
indeed call for an investigation of possible leaks.
with leaks of proprietary information, we have had occasion where individuals,
who for one reason or another, do not particularly care for our clients,
have obtained rather critical information regarding our clients and have
felt justified in notifying major stock trading companies; which in turn,
could adversely affect the market prices.
Going above and beyond a standard “proprietary information” investigation,
we additionally attempt to establish contact with the suspect directly and
determine why he is doing what he is doing.
An additional example of stocks and bonds investigations would be the identification
of a stock or bond holder. On occasion, the client finds their bonds are held under a “nominee” name of a bank. The banks in question adopt these names to trade under when purchasing stocks or bonds in the market place. We have been called upon not only to identify the ownership of a “nominee” name
(i.e., the bank), but to continue the case further and identify who the bank
is representing when making these purchases.
interest in identifying the ultimate purchaser of the stocks or bonds could
range anywhere from averting a hostile takeover, to facilitating the ability
to approach the bond holder directly (instead of going through the bank)
and negotiating to purchase the stocks or bonds directly from them.
ELECTRONIC EAVESDROPPING/WIRE TAPS - COUNTERMEASURES
have experts on call with the necessary equipment to determine whether your
phone lines are tapped or if a transmitter has been placed within the proximity
of your office, board room, home, etc.
We have arranged for many of these “sweeps” for
both our corporate and personal clientele.
On occasion, the personnel department for our clients and/or an “executive recruitment” company,
does not do a sufficient job in investigating the background of a person
who will be holding a highly sensitive position.
To this extent, based on the sources of information available to use, we perform
research into the background of the subject. Of prime importance, however, is the fact that we do not acknowledge representing the clients. When
we establish contact with any references, past employers, associations, etc.
supplied by the applicant, we identify ourselves as a recruiting company
or other plausible entities.
ADDITIONAL INVESTIGATIVE MATTERS
MISSING PERSONS/LOCATING WITNESSES
SERVICE OF PROCESS
of the above are just samples of what our office is capable of doing. If
you find that you need a specific type of information or the answer to a
certain problem, please contact our office.