Quite often counterfeiters are willing to serve a little jail time in return for the profits that they generate from infringing activities. Thus, the only real way to recoup your loss is to get this profit back from the counterfeiters. A potential mechanism for doing just that is a civil trademark infringement lawsuit.
Pfizer may be a good model for other Trademark Owners to follow. In the branded drug industry, counterfeiters are a large problem. Often, counterfeiters develop generic pills that are imitations of a branded drug. If your patent has expired, then the use of a trademark lawsuit is an alternative that can pay significant dividends. Moreover, such lawsuits actually help you meet your duty to police trademark infringement.
Pfizer has implemented policies and practices to investigate the sale of counterfeiters that truly makes a difference. Pfizer has used the findings from the investigations to pursue civil lawsuits and recovered over five million dollars from these lawsuits. Pfizer has been able to recoup some of its lost profits, protect its market share after patents have expired, and hit counterfeiters where it truly hurts-their wallets!
If you have any concerns or questions on implementing policies or practices that help your company hit counterfeiters in their wallets, then feel free to contact us.