If you repeat a lie often enough, people will believe it. Twice in the past four months, the Trademark Opposition Board has identified instances where an applicant’s agent has cited cases that do not exist as part of arguments filed to request an interlocutory ruling under section 38(6) of the Trademarks Act to strike all or part of an opposition statement. The suspected culprit behind these false citations —generative artificial intelligence. Learn how these incidents unfolded and what legal professionals must do to avoid similar mistakes.

The Request for Assistance (RFA) program, administered by CBSA, is designed to assist with detection and detention of suspect counterfeit and pirated goods at the border, and empower rights holders to take action against importers of such goods. To enroll, rights holders must file an application with CBSA that identifies the copyrights, or registered trademarks or geographical indications of concern (which list can be updated as new rights arise). RFAs are valid for two years once approved and are renewable for subsequent successive two-year periods. The program has been in place since 2015. There is currently no government fee to apply.  

Earlier this year, we discussed various strategies employed by bad actors using social media platforms to sell and distribute counterfeit goods and evade enforcement, including live selling and hidden links. In addition to these strategies, recent trends show that for individuals and criminal networks, dropshipping has also become a popular method for counterfeiters and their willing (and unwitting) enablers. Dropshipping involves shipping goods from a manufacturer or wholesaler directly to a customer instead of to the retailer who took the order. Similar to the live selling and hidden links trends, dropshipping is not a new activity. However, the rise of social media and the ability for consumers to shop directly on particular platforms has boosted the popularity of this business model.

On December 17, 2020, IPIC submitted a White Paper to Minister of Public Safety Bill Blair concerning the Canada Border Services Agency’s (CBSA) Request for Assistance (RFA) program. The White Paper, drafted by the Anti-Counterfeiting Committee, discusses the successes and limitations of the RFA program, and recommends solutions to make the program more responsive and less burdensome for all stakeholders, including government agencies, brand owners, and individual border officers.

As brand owners continue to navigate online space, bad actors aim to capitalize on the ability to manipulate platforms, algorithms, and consumers through deceptive practices. Online platforms continue to implement procedures and tools for rights owners to proactively combat the sale of infringing and counterfeit merchandise. These tools can assist, however, there are certain activities and trends that are not as easily detected as a hashtag or stock image. Bad actors are creating new strategies to promote and sell counterfeit goods while strategically evading enforcement. There are a handful of new trends to be mindful of as consumers continue to spend a significant amount of their time scrolling and shopping online.