Protecting Footwear IP Globally
FDRA proactively surveys the global footwear counterfeit landscape and advises the U.S. Government on key countries and issues of concern.
- Counterfeit knockoff footwear threatens U.S. jobs and puts American consumers at risk.
- Counterfeit footwear accounts for 13% of all U.S. Customs & Border Protection (CBP) seizures, the 3rd biggest product category. Footwear accounted for 15% of all seizures in 2020.
- Over 2 million small packages enter the U.S. every single day through international mail. Over 90% of all IP seizures take place here.
- CBP seized more than $3.3 billion worth of counterfeit goods in FY 2021 alone.
12% of all counterfeit goods seized are footwear. The most common counterfeit brands are Nike, Adidas, Louboutin, and UGG.
FDRA Voices Concerns Over Global IP Protection Challenges to US Government
The Office of the United States Trade Representative (USTR) releases an annual global intellectual property report, known as the Special 301 Review. This key report breaks down the state of IP protection by country and serves as an important tool for U.S. engagement with our trading partners on specific IP issues.
FDRA testifies each year on behalf of the footwear industry to provide input to USTR on global footwear IP challenges. During the 2023 Special 301 hearing, FDRA highlighted shortfalls in foreign markets, the surge of counterfeit footwear sold on e-commerce platforms, and the need to grant CBP authority to seize goods based on design patent infringement.
Key IP Insights from Industry Leaders
Latest IP News
- How $470 million worth of fake Nikes get into the US
- Counterfeit Goods: A Danger to Public Safety
- An inside look at how Customs & Border Protection cracks down on counterfeit items
- Authorities Bust $472 million USD Counterfeit Sneaker Ring
- More than $2 million worth of fake Nikes seized in Los Angeles-area port
Shoe-In Show Episodes
#391 Court’s in Session With Sneaker Law’s Kenneth Anand
Sneaker Law founder and former Yeezy GC Kenneth Anand stops by Shoe-In to discuss critical intellectual property, legal hot topics, and the next frontier in IP protection for brands and creators alike. Listen Now
361 Protect Ya IP With Matt and Thomas
Matt and Thomas explore the latest developments in IP protection for footwear through various legislative proposals, the Special 301 comment process, and the infamous actions of MSCHF harming our industry. Listen Now
FDRA’s Efforts to Stop Fakes in Focus
Matt, Andy and Thomas discuss the latest initiatives under development in DC to combat the prevalence of counterfeit products on e-commerce platforms. There is a lot of momentum in this area so you don’t want to miss this conversation! Listen Now
Global Design Innovation and How to Protect It with NIKE
Matt catches up with NIKE’s Chief IP Officer, Margo Fowler, and Mark Smith, NIKE’s VP of Innovation and Special Projects, to discuss the importance of protecting IP and strategies brands can adopt to successfully defend their trademarks, designs, patents, and IP. Listen Now
Giving CBP Tools to Close the Current Enforcement Loophole: Hot Policy Item
The footwear industry relies on American and global customs agencies’ ability to stop and seize the movement of counterfeit shoes. Important loopholes need to be closed that enhance the tools available to Customs and Border Protection (CBP) here in the United States.
FDRA Testifies Before Congress
April 30, 2019 — The Role of Intellectual Property in Sports and Public Safety. Watch Here
Legislation to Combat Design Patent Infringement
Counterfeit Goods Seizure Act, last introduced by Senators Tom Tillis (R-NC) and Chris Coons (D-DE) as S. 2987 in the 116th Congress. This bill would give U.S. Customs and Border Protection (CBP) authority to seize goods based on design patent infringement—its purpose is to prevent counterfeiters from shipping labels and tags separately and attaching them inthe U.S. to avoid CBP seizure.
Stopping Counterfeits Sold Online: US Government Action
Online e-commerce marketplaces have helped the sale of knockoff products to explode, eroding American jobs and putting consumers at risk. Key US Government initiatives are looking to slow the movement of these goods in new and innovative ways.
FDRA Weighs In On Key Footwear IP Case
In 2022, FDRA joined a multi-association amicus brief in an intellectual property case that could have major implications for the footwear industry. After Vans sued MSCHF for trademark infringement, MSCHF argued that its shoe is protected by the First Amendment as an "expressive work" and should receive the same treatment as movies, plays, books, songs, etc. The FDRA-supported brief highlights that such an expansion would create a huge loophole for counterfeiters to claim that infringing goods are simply expressive works of art. The brief argues that what MSCHF hasproposed will worsen the global problem of IP-infringing products, by giving "expressive counterfeits" Stay tuned to FDRA forimportant updates on this issue.
FDRA President & CEO Matt Priest Statement on the SHOP SAFE Bill
March 20, 2020 — "Counterfeit footwear threatens jobs in our industry and puts U.S. consumers at risk, and bad actors are using popular e-commerce sites to target unsuspecting consumers. With today's sophisticated counterfeiting operations, it can be nearly impossible for consumers to determine a legitimate good from a counterfeit product. The SHOP SAFE Act will address this issue by requiring e-commerce platforms to take reasonable steps to prevent counterfeits from being sold on their sites. We applaud these leaders in working together to protect American individuals and families, and we look forward to working with Congress and the Administration on this critical issue."
Make Your Voice Heard! Stop Footwear Fakes
Stopping the prevalence of counterfeit and knockoff footwear is a priority for FDRA and our members. Ensuring Congress prioritizes efforts to strengthen IP protections, increase accountability for bad actors, and close CBP enforcement gaps and loopholes is vitally important for the health of our industry.
Need More Information? Contact Us
FDRA brings clarity and insights that enhance decision making, efficiency, and productivity for footwear professionals. We develop essential products and find innovative solutions to boost the bottom line for our members across the industry — from footwear design to retail. We fight to support footwear jobs and shoe consumers in Washington, DC and around the globe — FDRA is the only footwear association working to eliminate ALL footwear duties.
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2021 FOOTWEAR IP DIGITAL SUMMIT
This content is available to registered attendees through 2021.
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Vi3’s own Paul Foley stops by Shoe-In to discuss the latest technologies being deployed by Vi3 to help track and stop the flow of counterfeit goods and the diverting of legitimate product to unauthorized channels. With an extensive background working for brands like NIKE, Converse and Reebok, Paul knows the industry in-and-out.
