Milton Springut, Partner

Milton Springut, partner in Herrick's Intellectual Property and Technology Group, authored an article for Loss Prevention Magazine discussing that you have to make sure you actually own the IP rights you’ll need before you spend a dollar chasing counterfeiters because in the U.S., copying is generally lawful unless you have a specific intellectual property right that stops it. This piece is part of Milton's ongoing series on developing practical, budget-conscious strategies for fighting knockoffs.

In the article, Milton noted that "the Supreme Court has been blunt about it; if you don’t secure your rights, your designs and branding are wide open to imitation. That’s why LP leaders and brand owners need to understand what core IP looks like and how to shore it up ahead of time. For many brands, the IP toolkit usually revolves around four pillars: trademarks, trade dress, copyright, and design patents. Each one plays a different role, and each one requires its own kind of housekeeping."

Read the full article in Loss Prevention Magazine here.