(See https://www.datadotdna.com/how-counterfeiting-can-destroy-your-brand-business/)
After a successful entry of a genuine product, bad actors seize on a market opportunity and sell inferior knock-offs at the expense of the genuine supplier, until the underlying brand has been damaged and the market opportunity ends. Then they move onto the next knock-off opportunity.
The acceleration point as the counterfeit situation evolves from entry to growth stages happens quickly, so genuine brand owners must act quickly to survive the illegitimate actions of bad actors. Often companies act by sending a cease-and-desist letter or filing a legal complaint against the bad actor alleging infringement of one or more intellectual property rights. Unfortunately, without an issued patent, the genuine owner may be limited to forms of unfair competition, trademark infringement and copyright infringement. Remember, it can take several years for a patent application to ultimately issue as an enforceable property right.
The good news for genuine brand owners is that the United States Patent & Trademark Office (USPTO) now has an expedited examination option for design patent applications, aptly named the “Rocket Docket.” Design patents protect the ornamental design of an article or product (configuration, shape, surface ornamentation, etc.) and are used to protect against copying. Companies such as Microsoft, Nike, Goodyear, Apple, Samsung, LG, and Honda increasingly include design patents in their IP portfolio to protect their products against copying.
The Rocket Docket cuts the overall length of time that a design patent waits to get initially examined down from about 13 months to about 5-6 weeks, which means that the genuine owner will have another tool at an earlier time in the lifecycle to battle against the bad actor.
