Brand Protection Stories

3D printing has ushered in new challenges of safeguarding intellectual property. As it continues to revolutionize manufacturing and prototyping, concerns of unauthorized reproduction and counterfeiting have surged. Creators, businesses, and industries at large, have become vulnerable to its capabilities.  Join us in this thought-provoking episode as we explore the dynamic capacities of 3D printing innovation and discuss the pivotal role of labeling technology as an effective deterrent.

The dawn of a new year reveals fresh challenges in safe guarding the IP world. Please join us as we explore the dynamic landscape of IP protection. We will dissect the ongoing changes influenced by advancing technologies, government participation, and the strategic use of open-source software. Furthermore, our discussion will intricately navigate the distinctive path from dentistry to small business ownership, shedding light on the complexities involved in safeguarding individual inventions through effective IP protection.

Illicit trade expert Andres Diaz speaks about parallel trade schemes, black market, “adulteration” or counterfeiting, in the agricultural space - which he believes is the least known and most difficult to measure of the categories. We learn about counterfeit pesticides and seeds and the damage they cause. Andres introduces us specifically to crimes committed in the Latin American region that include illegal labs, and insider sources with knowledge and skills that enable the production and trafficking counterfeit products - many of which make it into the legitimate supply chain resulting in dire consequences.

Singer, piano player, small town cop and firefighter, field training officer, investigator, state special agent and ultimately a brand protection professional, Jason Daniels takes us through how he discovered intellectual property crimes and how it came to be a career in which he has flourished. In this episode Jason walks through an IP case involving core detective work, with a little performance, and sprinkles some of his southern storytelling to provide valuable education on brand protection.

Jason Kosofsky has spent most of his professional career in the auto industry, serving as a lead investigator in many precedent setting cases. In the telling of his stories, we're reminded that every component on a car has a safety purpose making even the seemingly innocuous part capable of harm – even hub caps. Take a ride to hear about counterfeiters supplying their fake parts to NYC taxi and limousine services, and how Jason and others in the collaborative brand protection community, work to keep automobiles a safe mode of our daily transportation.

Denise Mosteller and Jeremiah Pastrick take us through the process of gathering the “right” evidence, determining the “right” opportunity, and working with existing laws to put together a formidable case dossier against a counterfeiter of ballistic eyewear. Such a case requires the enlistment and support of the brand, state prosecutors and law enforcement (in multiple states). Listen, and be in the tradeshow booth when the counterfeiter is very publicly arrested and put into handcuffs.

Josh Hopping introduces us to the world of open-source online investigations or OSINT. Though the information used to piece together a case may be publicly available, it still has to be found, deciphered and many times combined with on-the-ground investigations to bring a successful case against counterfeiters. Find out how the cases (stories) come together from a technology patent holder and published author in the brand protection space. If you're interested in sponsoring episodes of Brand Protection Stories, please contact A-CAPP Director Kari Kammel at kkammel@msu.edu.

Kari Kammel has been Assistant Director of Outreach for A-CAPP for the last seven years. In that capacity, she has been responsible for the Center's education programming, student internship program and placement, and heads the outreach to brand protection stakeholders. During her tenure, Kari has maintained an active research agenda on legal issues pertaining to trademark counterfeiting, U.S. state and federal law, e-commerce and social media liability for trademark counterfeiting, public international and intellectual property legal issues, and the impact of culture in the Middle East on intellectual property and trademark enforcement. Kari now takes over the helm of the A-CAPP Center as Director. Listen to her unique journey in establishing rule of law in Middle Eastern war-torn countries post 9/11, coordinating international collaborations and understandings, international human rights work and how she came to the A-CAPP Center to focus on brand protection, drawing from her expansive global experiences. Hear her story and prepare to be impressed.

Attorney Deborah Greaves takes us into the workings of brand protection in the fashion industry. Stories of the challenges in protecting the True Religion Jeans brand were many and included elaborate schemes of cargo and internal-insider theft, both of which resulted in diversion of product to unauthorized outlets. The brand also faced a unique challenge with its trademark, which prevented the Made-in-the-USA brand from being properly protected against counterfeiters.

Chris Salgado, a career investigator, was called in to find a content streaming services hacker when other investigators had failed. This sophisticated hacker was deep in the web, and even enlisted help from the criminal hacker community to avoid detection and deflect culpability – throwing many red herrings. But Chris kept mapping, learning from the misinformation as much as legitimate information, patiently laying in wait at his computer, until the hacker made a crucial mistake.

Kevin McPherson takes us to Sturgis, South Dakota (with stops in Daytona and Myrtle Beach) for the annual motorcycle rally and walks us through enforcement activities from his Harley Davidson days. “Wild” days indeed – he tells us of run-ins with a full spectrum of vendors and colorful characters hawking counterfeit Harley Davidson products. With the help of Homeland Security and Investigations, Kevin was able to seize thousands of products bearing the beloved brand's trademarks, protecting the brand and consumers. Though a serious matter, these stories may, at certain times, make you laugh.

Former Department of Justice prosecutor John Zacharia takes us through a case involving counterfeit pet flea and tick medications. Medications which ended up at a major U.S. retailer infiltrating a legitimate supply chain. These products included counterfeit and gray market medications where the labels and packaging had been counterfeited with the intent to deceive others into believing that the product was authorized for sale in the U.S. Cooperation is the key in this Brand Protection Story episode and vital to protecting the health and safety of our beloved pets.

Wael Adhami and Roy Albiani, both with Johnson & Johnson's Global Brand Protection team, take us through the startling discovery of a counterfeit implantable medical device – a widely used topical absorbable hemostat which controls bleeding during surgery. The genuine of this product, SURGICEL, is estimated to have been used in 150 million surgical procedures worldwide. Wael and Roy reveal the initial discovery, followed by the launching of global investigations, and coordinated pursuits of those responsible for the crime, which included involvement of a network of distributors and gray market sources. Wael and Roy then share how this case has changed how they each approach protection of the Johnson and Johnson family of brands.

Dave Lake, former Detective Sergeant for the Phoenix Police Department, who is also a businessman, recounts a story of a notorious counterfeiter of … coupons. The real facts prove as counter to a Hollywood comedy based on the case. As with many who enter the crime of counterfeiting, this criminal lived a lavish lifestyle but ended up ultimately paying the price. Though the true tragedy of this story is that the price will also be paid by U.S. consumers who can no longer rely on coupons to make ends meet.

Chris Horne, former Detective for the London Metropolitan Police tells the story of a notorious music bootlegger who flaunted his crime selling unauthorized recordings under such labels as Criminal Records, Wanted Man and Fugitive. Jailed in the U.S., he continued his criminal enterprise and was ultimately arrested and prosecuted also in the UK. This story reminds IP owners of the need to follow trends to continue to diligently protect their brands as the marketplace for legitimate and illicit goods continue to shift and evolve.

Undercover operative Bobby Sherman takes us through a counterfeit pharmaceutical story that crosses continents. The largest Class 1 recall of drugs in UK history. The fake therapeutic drugs, for cancer, high blood pressure, psychiatric disorders and other serious conditions, made it into the legitimate supply chain of healthcare facilities and pharmacies. By luring the counterfeiter to the U.S. through an appetite for luxury goods, Bobby secured the arrest and conviction of the manufacturer of the counterfeit drugs and obtained the crucial evidence for the conviction of the distributor in the United Kingdom Crown Court. Both criminals were sophisticated businessmen, living excessive, lavish lifestyles of greed without regard to the lives they put in jeopardy.

Ex FBI Case Agent Josh Mayers relays the story of a notorious trade secret theft case. The case took 7 years from discovery to conviction and spanned 3 continents. This theft was carried out by an insider, an employee acquired through a corporate acquisition, who was lured into stealing valuable software. The theft caused the company who owned those rights legitimately to lose billions of dollars and hundreds of jobs. This was the first time a Chinese corporation was convicted of a crime in the U.S. Courts. A word of caution should you be afraid of heights…if not, come climb a 280 foot wind turbine to investigate this IP crime.

The Los Angeles City Attorney's office houses the unique “Intellectual Property Prosecution Section.” This section is responsible for prosecuting IP crimes both civilly and criminally for the second most populous city in the U.S. Deputy City Attorney Sasha Lazarevich handles all criminal prosecutions for this section. In this episode she walks us through two cases involving the L.A. toy district, in which sellers sold dangerous and hazardous counterfeit toys ultimately intended for children. Sasha explains the complexities of bringing these cases and her office's dedication to keep its citizens safe through unique approaches in IP enforcement and prosecution.

Tobacco industry executive Hernan Albamonte takes us through the 2020 “Guerra Contraband Cigarettes” case – the largest seizure of tobacco products in U.S. history. Here he introduces us to a unique brand protection challenge, that of “illicit “whites” which are cigarettes that have no branding or are off-branded. Hernan also addresses other complications in enforcement caused by loopholes and the unintended issues with free trade zones; and finally Hernan answers why we should care about tobacco, speaking to the underground criminal networks that use high demand products as illegal currency to fund their operations.

Rod Kinghorn, a proud Spartan and icon in the brand protection world, takes us through “Operation Partsman” – the largest non-drug seizure in FBI history. The operation spanned three years and involved coast–to-coast investigations, including a sting operation in which the Feds set-up an auto parts business as a front. This operation successfully resulted in the removal of tens of thousands of dangerous counterfeit auto parts.

Andrew Love, the “Dog the Bounty Hunter” of the bicycling world, takes us through the Federal Helmet Case - a precedent setting counterfeiting case prosecuted by the Kentucky Assistant US Attorney's office through coordination of the National Intellectual Property Rights Center. This eBay counterfeit seller put hundreds of cyclists' lives at risk, many of whom Andrew reached out personally to warn. The investigation on this case started rolling when Andrew identified counterfeit Specialized helmets while on his “patrol routes” online seeking out criminals and protecting consumers.

In the inaugural episode of the A-CAPP Center's Brand Protection Stories podcast, Special Agent Brad Greenberg takes us through the Yao Bao case, a complicated story of converging crimes including counterfeiting, illicit drugs and attempts to purchase U.S. military hardware. This story involved a three-year journey that included investigations and enforcement by U.S. Homeland Security and Investigations, FBI, New Jersey Assistant U.S. Attorney, Interpol, Europol, Mexican, German authorities and Filipino authorities. How did this begin to unravel for the criminal rings? A call for cable installation in a refrigerated storage unit.