Why Chicago Is the Top Forum for Counterfeit Fights

In 2020, the Northern District of Illinois—a popular venue for trademark litigation—experienced a 42% increase in trademark litigation matters, the majority of which involved counterfeiting claims. The trend can be attributed to the rise in counterfeit products, the court’s growing sophistication in counterfeiting cases, and the speed at which parties can obtain actions, such as ex parte seizures. Managing Intellectual Property interviewed Finnegan partner Mark Sommers to discuss this trend.

There does not seem to be an end in sight for these cases. Mark said, “This trend will certainly continue. These types of counterfeiting cases and strategies that are used in the Illinois court are growing. Until a ruling comes down challenging venue or jurisdiction for trademark cases in the United States, there would be little reason not to continue with this strategy in an effort to protect your mark.”

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