AAFA flags anticounterfeiting recommendations during Anticounterfeiting Awareness Month

The American Apparel & Footwear Association (AAFA) raises priority actions during National Anti-Counterfeiting and Consumer Education and Awareness Month.

AAFA delivered a letter to the Office of the U.S. Trade Representative (USTR) ahead of its next Notorious Markets List (NML) submission process. The U.S. government’s annual NML report calls out the worst marketplaces for the promotion and sale of counterfeits. As expanded upon in the letter, the first Trump Administration broke new ground in 2019 by including the foreign domains of Amazon (a U.S.-headquartered third-party marketplace), in the NML for the first time. Despite efforts by several stakeholders and AAFA, to nominate U.S.-headquartered third-party marketplaces for the NML, it has not included any such nominations since 2020.

Last month, AAFA submitted critical comments to the United States Patent and Trademark Office (USPTO) regarding the Organization for Economic Co-operation and Development's (“OECD”) Draft Voluntary Guidelines for Countering Illicit Trade in Counterfeit Goods on Online Marketplaces.

On July 14, AAFA organized and sent a letter signed by a dozen cross-industry association leaders urging Congress to protect funding for the Office of the Intellectual Property Enforcement Coordinator (IPEC) and to advocate for an IPEC appointment before the end of the year.

"Counterfeit, illicitly traded goods—including apparel, footwear, accessories, and travel goods—undermine trusted American brands but also threaten the jobs and livelihoods of millions of U.S. workers and the safety of American consumers and the environment," said Steve Lamar, President and CEO of AAFA. “Through stronger education and more effective public policy, we must all work together to combat the scourge of counterfeits increasingly being promoted and sold across e-commerce and social commerce platforms. Counterfeit listings flood these platforms daily while brands fight a lopsided battle with illicit traders who have a completely unfair advantage. As stated in today's letter to USTR Ambassador Greer, we are eager to work with USTR to update the Notorious Markets List process to include domestic platforms and marketplaces to level the playing field for all businesses, protect legitimate commerce and valuable IP, and to continue the fight against dangerous counterfeits. All of us can do more to support American innovation, to raise awareness, and to protect American families going into the holiday season."

AAFA also extends its gratitude to the sponsors, including Chairman of the Senate Judiciary Committee Senator Chuck Grassley (R-Iowa) and co-sponsor—Senators Chris Coons (D-Delaware), Thom Tillis (R-North Carolina), and Mazie Hirono (D-Hawaii)—for their continued leadership in recognizing July as 'National Anti-Counterfeiting and Consumer Education and Awareness Month.' The designation, introduced by S.Res.314, brings vital attention to the role trademarks play in both the U.S. economy and the protection of consumers.