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
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
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-
Page 2 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
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
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.
Page 3 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
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
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
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
Page 4 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
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
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
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
Page 5 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
Dave Lukasik: Corporate Brand Protection, LLC, Chicago, IL, USA
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
Dave Lukasik: Corporate Brand Protection, LLC, Chicago, IL, USA
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
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
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
Page 6 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
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
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
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.
Page 7 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
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
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
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
Page 8 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
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
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
Page 9 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
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
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
Page 10 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
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.
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
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.
Page 11 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
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.
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
Page 12 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
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.