The following shared article titled, “Tracking Down a Counterfeiter, Bottle by Bottle, and Finding Justice” was published on the Corporate Counsel an ALM website on May 3, 2017, and written by SUE REISINGER.
The lead counsel on this case, Geoffrey Potter, Esq., re-published the article on LinkedIn on May 5, 2017, with the following comment:
“Living Essentials Marketing LLC, the makers of 5-Hour Energy drinks, spent nearly $3.5 million tirelessly tracking down, bottle by bottle, a large counterfeiting ring that was producing and selling fake drinks in 2011 and 2012.”
The article continued, “The Farmington Hills, Michigan based company’s efforts paid off. Last week, the U.S. Federal District Court in San Jose sentenced a key defendant to seven years in prison as part of the first-ever U.S. criminal prosecution of a food or beverage counterfeiting operation.”
The success of this case is a terrific example of what can be accomplished through a brand owner’s zero tolerance anti-counterfeit policy, and the effective use of an IP legal and private investigation team.