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!