Media Mention
Schrader and Woodhouse Tackle Online Counterfeiting in World Trademark Review Guide
Published: Jul 23, 2026
Adams & Reese Partner and Anti-Counterfeiting Team Leader Kristina Montanaro Schrader and Partner and IP Litigation and Dispute Resolution Team Leader Maia Woodhouse served as contributing authors in the World Trademark Review's Anti-Counterfeiting and Online Brand Enforcement: Global Guide 2026, now in its 19th year. Both are based in the firm’s Nashville office.
Their section titled “United States: how a multi-pronged legislative approach is curbing the online trade in fakes” provides a comprehensive look at the U.S. legal framework for combating counterfeiting, grounded in the Lanham Act and the Trademark Counterfeiting Act of 1984. Schrader and Woodhouse walk readers through border enforcement measures, including recording trademarks with U.S. Customs and Border Protection and leveraging International Trade Commission exclusion orders to block infringing imports. They break down criminal prosecution under federal law, where penalties can reach up to 10 years' imprisonment and fines of up to $2 million for individuals, and detail civil enforcement strategies such as private investigations, ex parte civil seizures, statutory damages, and treble damages for intentional counterfeiting.
The article also tackles the unique challenges of online enforcement, where counterfeiters often operate overseas and conceal their identities. Schrader and Woodhouse explain how brand owners can use U.S. litigation tools against unknown defendants, DMCA subpoenas, domain-name remedies, safe harbor notice-and-takedown procedures, and intermediary cooperation to track down bad actors and disrupt their operations. They also address the impact of the INFORM Consumers Act of 2023, which requires online marketplaces to collect and disclose identifying information from high-volume third-party sellers.
Beyond litigation, Schrader and Woodhouse outline preventive strategies that put brand owners in the strongest position from the start, including registering key trademarks and copyrights, recording those rights with CBP, building relationships with law enforcement, monitoring online marketplaces, implementing product authentication and track-and-trace technology, and collaborating with other rights holders on enforcement initiatives.
