Content Type: Journal Articles

Survey & Legal Analysis of Select Global Trademark Anti-Counterfeiting Statutes & Evidence of Prosecutions

Survey & Legal Analysis of Select Global Trademark Anti-Counterfeiting Statutes & Evidence of Prosecutions Kari Kammel, 2023 This article examines criminal trademark counterfeiting-related legislation and evidence of prosecutions in 24 countries and the European Union. The initial goal was to understand, describe and evaluate the effectiveness of criminal punishment for trademark counterfeiting in this comparative …

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Trademark Counterfeiting Enforcement Beyond Borders: The Complexities of Enforcing Trademark Rights Extraterritorially in a Global Marketplace with Territorial-Based Enforcement

Trademark Counterfeiting Enforcement Beyond Borders: The Complexities of Enforcing Trademark Rights Extraterritorially in a Global Marketplace with Territorial-Based Enforcement Kari Kammel, Matthew Azim-Kramer, Daniel Duquet, and Lillie Patterson, 2023 This article focuses on the enforcement of trademark rights, particularly those used against counterfeiters, or those who use unauthorized trademarks of another. It examines the concept …

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Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers

Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers Kari Kammel, Jay Kennedy, Daniel Cermack, and Minelli Manoukian, 2021 This article explores: (1) the current state of trademark counterfeits on e-commerce platforms with a focus on the U.S.; (2) the history of case law in the U.S. …

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Congress’s Proposed E-Commerce Legislation for Regulation of Third-Party Sellers: Why It’s Needed and How Congress Should Make It Better

Congress’s Proposed E-Commerce Legislation for Regulation of Third-Party Sellers: Why It’s Needed and How Congress Should Make It Better Read the full publication Kari Kammel and John Zacharia, 2021 When consumers buy items directly from brand owners online, consumers get exactly what they expect: the real item.  Historically, when consumers bought online through an e-commerce …

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IP Rights in the Middle East: Cultural Complexities Behind Legal Enforcement

IP Rights in the Middle East: Cultural Complexities Behind Legal Enforcement Read the full paper Kari Kammel, 2020 The enforcement of intellectual property (IP) rights varies widely from country to country. This article will examine the cultural context enveloping the enforcement of IP rights in the Middle East and posit some ideas for companies looking …

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Examining Trademark Counterfeiting Legislation, Free Trade Zones, Corruption and Culture in the Context of Illicit Trade: The United States and United Arab Emirates

Examining Trademark Counterfeiting Legislation, Free Trade Zones, Corruption and Culture in the Context of Illicit Trade: The United States and United Arab Emirates Read the full article Kari Kammel, 2020 This Paper seeks to explore the complex dynamics of illicit trade, specifically the trade in counterfeit goods, the legal framework of two countries for comparison—the …

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The Crime of Product Counterfeiting: A Legal Analysis of the Usage of State-Level Statutes

The Crime of Product Counterfeiting: A Legal Analysis of the Usage of State-Level Statutes Read the full article Kari Kammel, Brandon Sullivan and Lorryn Young, 2019 This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters. Relying on …

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Citizens Support for Local Law Enforcement to Anti-Counterfeiting Activities

Citizens Support for Local Law Enforcement to Anti-Counterfeiting Activities Read the full article Jay Kennedy, Matthew Maher & Asia Campbell, 2019 Product counterfeiting is a global crime that can have substantial effects within local communities, particularly with regard to its impact on citizens. Undertaking anti-counterfeiting activities at the local level requires law enforcement agencies to …

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A Preliminary Investigation into Pharmaceutical Counterfeiters in the United States

A Preliminary Investigation into Pharmaceutical Counterfeiters in the United States Read the full article Jay Kennedy and Jeremy Wilson, 2018 Pharmaceutical counterfeiting is one of the most pressing public health concerns in the United States and abroad, and recently an increasing amount of scholarly attention has been given to this issue. However, the extant literature …

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Assessing the Developing Knowledge-Base of Product Counterfeiting: A Content Analysis of Four Decades of Research

Assessing the Developing Knowledge-Base of Product Counterfeiting: A Content Analysis of Four Decades of Research Read the Full Article Brandon Sullivan, Fiona Chan, Jeremy Wilson and Roy Fenoff 2017 Considering the steady and rapid growth of product counterfeiting and the damage it causes to society, it is important for criminology and criminal justice scholars to …

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