Tackling counterfeiters where it hurts the most: the allure of the ITC

Addressing trademark infringement traditionally begins with a cease and desist letter backed by the threat of legal action. But whereas flexing litigation muscles in state or federal court may be effective in enforcing domestic infringement, it is often inadequate to halt infringement originating abroad. Nicole McLaughlin looks at the case for the International Trade Commission.When threatened with international counterfeiters, the key challenges are addressing who to sue and how to maximise enforcement, so that regardless of their location, the counterfeiting stops.