European and US law enforcement agencies have taken action against domain names involved in the selling of counterfeit goods, seizing 133 domains, arresting one person in the US and seizing $175,000.
The 133 domain names seized are part of Project Cyber Monday, an iteration of Operation In Our Sites, which is coordinated by the US law enforcement bodies.
The latest operation targeted websites that duped consumers into unknowingly buying counterfeit goods as part of the holiday shopping season. The operation was coordinated by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI)-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington, D.C. for the US and the European Police Office (Europol) in Europe.
In addition to seizing domain names with a top-level domain (TLD) controlled by US registries, the IPR Center partnered with Europol to execute coordinated seizures of mostly European-based TLDs such as .be, .eu, .dk, .fr, .ro, and .uk. This effort is titled Project Transatlantic.
During this operation, federal US law enforcement officers made undercover purchases of a host of products including professional sports jerseys, DVD sets, cologne, and a variety of clothing, jewellery and luxury goods from online retailers who were suspected of selling counterfeit products. If the copyright holders confirmed that the purchased products were counterfeit or otherwise illegal, seizure orders for the domain names of the websites that sold the goods were obtained from federal magistrate judges.
“This operation is a great example of the tremendous cooperation between ICE and our international partners at the IPR Center,” says ICE Director John Morton. “That partnership enables us to go after criminals who are duping unsuspecting shoppers all over the world. This is not an American problem, it is a global one and it is a fight we must win.”
The IPR Center and Europol received leads from various trademark holders regarding the infringing websites. Those leads were disseminated to ten investigating HSI field offices in Baltimore, Denver, El Paso, Houston, Newark, San Antonio, San Diego, St. Paul, Buffalo, and Ventura (Ca) and to the investigating Europol member countries including Belgium, Denmark, France, Romania, Spain and the United Kingdom.
“Europol became member of the Intellectual Property Right Coordination Center (IPR Center) this year and I am glad to be able to announce these operational successes. IPR theft is not a harmless or victimless crime. It can cause serious health and safety risks and it undermines our economy,” says Mr Rob Wainwright, Director of Europol.
The domain names are now in the custody of the respective governments of the participating countries. Visitors typing those domain names into their web browsers will now find a banner that notifies them of the seizure and educates them about the federal crime of willful copyright infringement.
In addition to the domain name seizures, Cyber Monday 3 identified PayPal accounts utilised by the infringing websites. Proceeds received through the identified PayPal accounts are currently being targeted for seizure by the investigating HSI field offices.
“We couldn’t be more pleased with the opportunity to work closely with HSI to shut down criminals targeting our customers and our brand just as the holiday season takes off,” said Tod Cohen, Government Relations for eBay Inc. “PayPal and eBay Inc. pride ourselves in going above and beyond in the fight against the illegal online trafficking of counterfeit goods by partnering with law enforcement and rights owners globally, and we hope that this is fair warning to criminals that the internet is not a safe place to try and sell fake goods.”
Operation In Our Sites (IOS) is a sustained law enforcement initiative by the ICE that began more than two years ago to protect consumers by targeting the sale of counterfeit merchandise on the internet. The 101 domain names by ICE seized under Project Cyber Monday 3 bring the total number of IOS domain names seized to 1,630 since the operation began in June 2010. Since that time, the seizure banner has received more than 110 million individual views.
Of the 1,529 previous domain names seized, 684 have now been forfeited to the U.S. government. The federal forfeiture process affords individuals who have an interest in seized domain names a period of time after a “Notice of Seizure” to file a petition with a federal court and additional time after a “Notice of Forfeiture” to contest the forfeiture. If no petitions or claims are filed, the domain names become the property of the U.S. government. Additionally, a public service announcement, launched in April 2011, is linked from the seizure banner on each of the 684 forfeited websites.
The banner and video educate the public about the criminal consequences of trafficking in counterfeit goods and the economic impact that crime has on the U.S. and global economies.
U.S. Attorney’s Offices in the Districts of Maryland, Colorado, New Jersey, Southern District of California, Central District of California, Western District of New York and the Western District of Texas issued the warrants for the seizures. Significant assistance was provided by the Department of Justice’s Computer Crime and Intellectual Property Section.
The IPR Center is one of the U.S. government’s key weapons in the fight against counterfeiting and piracy. Working in close coordination with the Department of Justice Task Force on Intellectual Property, the IPR Center uses the expertise of its 21 member agencies to share information, develop initiatives, coordinate enforcement actions, and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the war fighters.