new york trademark task force john a. curry regional counsel recording industry association of...
TRANSCRIPT
New York Trademark Task Force
John A. CurryRegional Counsel
Recording Industry Association of America
™
Task Force
Task Force Mission Statement Combine the resources of both the
‘private’ & ‘public’ sectors to combat illegal activities Benefits:
Shared common goal of combating the manufacture/sale of counterfeit goods
Pooling of resources ($, personnel, etc.) Help to defray costs (including the
packaging, transportation, storage & destruction of goods)
Shared training, P.S.A’s, etc. Forum to exchange thoughts & ideas Share information and contacts
Task Force Clichés (but true) ‘That which we have in common is far
greater than that which divides us’ ‘There is strength in numbers’ ‘The sum is often greater than its parts’ ‘A chain is only as strong as its weakest
link’ ‘We are all in this together’
Private & Public
Created in 2002 w/ shared goal Combined handful of companies & their
representatives and the Mayor’s O.M.E. Traditional model of enforcement
ineffective to combat the ‘new’ trends in counterfeiting “Arrest, Seize and Repeat”
Hold ‘Landlords’ Responsible (and liable) Large Buildings “vertical flea markets”
Criminal vs. Criminal & Civil
Disjointed & Fragmented
Resource Intensive
Cost Prohibitive
Criminal Enforcement Only: Narrowly Focused Tactics: Arrests, Seizures
and Search Warrants by L.E.
Fewer Indictments - Fewer Sentenced
No Impact on Landlord
Synchronized & Focused
Resource Efficient
Cost Effective
Criminal & Civil Enforcement:
Broadly Focused Trademarks and City
Agencies Working Together for Max. Impact.
Significant Penalties Levied Against the Landlord
Relevant Laws Nuisance Abatement Law (NYC
Admin. Code – Title 7) Various ‘Code’ Violations (Including
Building Code Violations) NYS Penal Law Sections
Goal: To use all lawful weapons (incl. civil and criminal statutes) in order to hold ‘absentee’ landlords responsible for the criminal activities occurring within the properties that they owned.
“Slow and Steady” The first few years of this cooperative effort had
some great successes (i.e. the Times Square Area)
Enforcement actions evolved from exclusively ‘high rise buildings’ into ‘commercial storefronts’
Not a ‘Magic Bullet’ Stipulations of Settlements
“So Ordered” by the Courts Unannounced ‘warrantless’ searches Fines and/or posting of bonds Right of first refusal (potential tenants/leasees) Other operating restrictions (times of operation,
inventory, etc.)
NY Task Force
Incorporated in 2008 Quarterly meetings to discuss new trends, projects,
problems and possible solutions Has been used as a ‘model’ for the creation of the L.A. Task
Force Bob Barchiesi & Shari Hyman assisted in the recent
changes to the L.A. ‘nuisance abatement law’ Various large cities have expressed interest in using the
NY model for the creation of local city and/or state ‘task forces’
All states/cities have individual nuances that may require an ala carte approach to the NY TF.
L.A. P.S.A. Initiative
QUESTIONS?
Thank You!