On January 11, 2018, the USTR released their report on “notorious markets”. As the name suggests, the USTR issues annual reviews of cities, places or shopping areas (both physical and online) that are believed to be involved in large commercial-scale copyright piracy and trademark counterfeiting. In addition to financial losses, the USTR says copyright piracy and counterfeit goods undermine advantages to innovation, creativity of US workers while also posing risks to consumer health and safety.
The notorious market list (NML) maintained by the USTR highlights physical and online marketplaces that “reportedly engage in, facilitate, turn a blind eye to, or benefit from substantial piracy and counterfeiting”. The list includes 18 physical markets and over 20 online marketplaces. The USTR does note that the NML list does not make findings of legal violations nor reflects the US analysis of the IP protection and enforcement climate in the countries in which the listed markets are found.
The report focus this year is on “illicit streaming devices” that includes streaming, on-demand, and over-the-top media service providers or other piracy applications that allow users to stream content, download or otherwise access information. Such streaming devices include Amazon fire TV sticks that are “jailbroken” or have the “Kodi” application installed. Other lesser known manufacturers also sell and market such stream devices using keywords such as: mini tv, tv box, stream, kodi, internet media player, tv browser, android tv, or variations thereof. The USTR estimates pirated content viewed on these streaming devices cost up to $840 million in lost revenue in the US and over $4-5 billion a year to the entertainment industry.
The USTR report spends the remaining 35 pages of the report highlighting various websites and physical brick-and-morter markets worldwide that may contribute to the sale and distribution of counterfeit and intellectual property infringing products.
If you have had your imported goods seized by Customs due to suspected intellectual property and trademark violations, call David Hsu at 832.896.6288 or email attorney.dave@yahoo.com. Certain time limitations do apply and you need legal representation.