Sniffing out fakes
Firms that specialize in counterfeit detection are in demand
Web tricks. At the same time, the popularity of online auction and retail sites on the Internet has made it easier for counterfeiters to unload their fakes on an unsuspecting public. The venerable jeweler Tiffany, for example, says it recently found that more than 70 percent of the jewelry sold on eBay under the Tiffany name was phony. The firm is suing eBay, claiming that the online auctioneer has aided and benefited from trademark violations by allowing those items to be sold. Officials at eBay argue that it has a program in place that enables companies to police the auction site for counterfeit goods, but Tiffany says eBay bears that responsibility.
Some companies do have their own internal investigation units, but that can be prohibitively expensive. That's why many businesses turn to the 20 or so private firms, like Drobny's, or larger firms like Kroll or Pinkerton Consulting & Investigations that operate worldwide, to track down the bogus merchandise. Some firms also monitor Internet activity, such as Virginia-based Cyveillance and GenuOne in Boston. "We look for sites selling inappropriate packaging and pricing, as well as bulk sales by unauthorized retailers," says Todd Bransford, vice president of marketing for Cyveillance. Capolino, for example, pays GenuOne $5,000 a month to help catch sales of phony Mitchell & Ness products on eBay, where a quarterback jersey with a fake label can sell for $2,500.
Most gumshoes have law enforcement backgrounds. But Drobny started out working for a private investigator. After he received his law degree, the southern New Jersey native opened up his own sleuthing shop 24 years ago, and he began specializing in counterfeits after Nike asked him to help track down fake sneakers in 1988. His firm now has 40 full-time employees, and his client list reads like a Who's Who of luxury retailers: Kate Spade, Louis Vuitton, and Tiffany, to name a few.
Drobny usually starts his hunt by gathering tips on the whereabouts of counterfeit vendors and wholesalers. The next step: purchasing some of the spurious items, which Drobny then sends back to the client to examine and verify that they are indeed fakes. With evidence in hand, the trademark owner, by law, can demand that the counterfeiters cease and desist--in the form of a letter that investigators like Drobny often serve.
In some cases, investigators can persuade the seller to voluntarily fork over the imitated goods and may even use the vendor or store owner as an informant to get to the bigger fish. "You can't stop with the vendors," says Drobny. "You use them to get to the distributors and eventually to shut down the manufacturer."
Private investigators have no legal authority, but if a judge grants permission, the investigator--along with a law enforcement official--can raid the counterfeit seller's place of business and confiscate evidence and financial records. If the investigation ultimately leads to a civil or criminal trial, the investigator typically acts as an expert witness.
Another ploy: The detective firms will play the counterfeiters' game, setting up a pretext storefront to buy the phony products. "We keep undercover businesses going all the time," says investigator Michael Kessler of New York, whose clients include Sara Lee Household and Body Care USA. "It's a way to monitor the marketplace."
Tracking down counterfeiters is similar to pursuing drug dealers, says Howard Dozier, an investigator in North Carolina. "You have an assumed name and identification and try to get to the factories through the wholesaler," says Dozier, who has worked in law enforcement for 25 years, focusing on criminal intelligence and organized crime investigations. "It's just like when I worked undercover in vice."
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