Intellectual Property

Your ideas are often your most valuable product and at the same time are the most vulnerable to theft. With over 35 years of experience in combating intellectual property theft, Kirby & Associates has an enviable reputation with some of the world’s most famous brand holders as the go-to firm for brand protection. With our investigative expertise, strong enforcement program and outstanding law enforcement contacts, we can significantly reduce the loss in value of your trademarks and brand identity. We provide the information you need to combat and defeat intellectual property theft.

Counterfeit Product Investigation

Since 1987, Edward R. Kirby & Associates has been helping brand owners and trademark holders maintain the integrity of one of their most valuable assets, their good name and reputation. Working with both local and federal law enforcement agencies, Kirby & Associates investigates and solves literally hundreds of cases per year involving counterfeiting, piracy and infringement. Over the years, Kirby & Associates has investigated the manufacturing and sale of counterfeit luxury goods, watches, shoes, sunglasses, apparel, software, food, batteries, toothpaste, medicines and even CT scan machines. Working to solve this most serious crime against businesses, Kirby investigators are able to build a rock-solid case against the counterfeiter. The investigations are undertaken with a goal to identify the counterfeiter, document sales, and work up the ladder to wholesalers and manufacturers. Kirby cases hold up in court, with a conviction or judgment rate in excess of 95 percent on cases brought to court. As part of the solution to the counterfeiting problem, Kirby & Associates cases not only put the counterfeiter out of business, but also bring relief to the client in the form of court-ordered restitution. Our worldwide client list is impressive, with many of the most respected manufacturers of goods relying on Edward R. Kirby & Associates to solve their counterfeiting problems in this tri-state area.

Counterfeit Product Enforcement

Once the counterfeiter is identified and proof is established that he is knowingly selling counterfeit goods, the next step in the solution is enforcement of the brand owner’s rights. This may include effecting search warrants with law enforcement, working with attorneys for ex-parte civil seizure orders, or serving cease and desist letters with a goal towards voluntary surrender of infringing or counterfeit goods. Edward R. Kirby & Associates is experienced in all facets of enforcement and has knowledge to suggest the best solution from a cost-effective perspective. When it is appropriate, Edward R. Kirby & Associates has exceptional relationships with local and federal law enforcement for referral of cases for criminal prosecution. Kirby & Associates enforcement teams have significantly reduced the amount of counterfeit product by hitting the counterfeiter where it hurts — his bottom line — while at the same time helping increase the client’s bottom line.

First Use Investigations

As part of the intellectual property division, Edward R. Kirby & Associates is skilled in ferreting out information to determine who had first use of a trademark, how the mark is being used, how long the mark has been used, whether the mark is in current use and if not, how long it has been in disuse, thereby saving clients time and money in developing brand strategies.

Training

As recognized experts in counterfeit product investigation, for over 35 years Edward R. Kirby & Associates has provided training to law enforcement agencies, Custom’s officials, and the general community regarding the problem of counterfeiting. In conjunction with the International Anti-Counterfeiting Coalition of Washington DC, Kevin Read has been part of presentations to a worldwide association of attorneys, brand holders, investigators and technology firms.

Expert Witness Testimony

All three principals of Edward R. Kirby & Associates have been qualified as expert witnesses and provided testimony in both federal and local courts regarding intellectual property matters.

Database

The firm maintains a large database listing thousands of convicted or known counterfeiters, infringers, sellers, or manufacturers of counterfeit products. While this list is maintained for the confidential use of Kirby investigators and is not sold or distributed, it is invaluable in assisting in investigations, not only in the tri-state area (Illinois, Indiana, Wisconsin) but nationwide.