Customs key to big-fish counterfeiters: 3M counsel

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Customs key to big-fish counterfeiters: 3M counsel

Sponsored by

incopro.png
sebastian-pena-lambarri-abj-zuko6mg-unsplash.jpg

Hosted by Managing IP’s Ed Conlon, the discussion at Incopro’s Insync Virtual Summit explored how the pandemic has affected brand protection teams and offered key insights to drive success in 2021

The chief trademark counsel at 3M told an industry conference last month that brand owners must work closely with customs officials to reel in big-fish counterfeiters.

Colette Durst was speaking on a panel at Incopro’s Insync Virtual Summit on Thursday, January 28, alongside Jennifer Ehrlich, a strategic communications leader at 3M.

Durst, whom Managing IP also interviewed in late January, told the conference that brands should be prepared to do more with less in 2021 as budgets remain tight.

It came as a poll during the panel showed that nearly 50% of respondents have a smaller budget than at this time last year, while 34% said theirs had not changed. A further 19% said their budget has actually increased.

Durst and Ehrlich were reliving events from a year in which 3M’s workload has increased hugely. The company, which specialises in worker safety and healthcare, was put on the COVID frontline in early 2020 as demand for its N95 respirators soared.

At the same time, 3M witnessed a surge in trademark infringement, counterfeiting and fraud, particularly online. It responded by taking legal action and boosting communicating efforts, with 3M’s related in-house teams joining forces.

The IP team has also worked with law enforcement to stamp out counterfeiters, and Durst praised officials as “incredibly collaborative”. She said 3M will continue its work with the authorities, especially on large-sized cases.

3M has also used online and customs enforcement to make it harder for counterfeiters to get counterfeit respirators delivered to consumers. 

For the “big fish”, as she put it, Durst recommended using customs to block goods from entering a country and using the shipment data to track down the offenders. “That has been incredibly helpful,” she said.

Durst added that 3M is continuing to look at how else it can identify the big fish, including by using technology tools, even as the IP team does more with less in 2021.

For further examples of 3M’s communication efforts, please see: www.3m.com/covidfraud

To learn more about the panel, which was hosted by Managing IP’s managing editor Ed Conlon, please see the recording on the Insync website.

more from across site and SHARED ros bottom lb

More from across our site

PepsiCo was represented by PwC, while the Australian Taxation Office was advised by Australian-headquartered law firm MinterEllison
The firm said revenue from its ‘refreshed and expanded’ IP team increased by 4% in FY25
As revenue reporting season hits full stride, firms have made a point of highlighting the successes of their IP teams as they take centre stage in big-ticket work
GSK and CureVac will together receive $740 million, as well as royalties on sales of COVID-19 vaccines in the US
The firm, which represented Getty in one of the most closely followed copyright cases in recent years, said IP was among its standout practice areas
The decision to divide was partly due to differing visions over the impact of technology on IP work, according to one partner
The Bar Council of India’s warning to Dentons Link Legal and CMS IndusLaw shows why foreign firms are right to worry about India’s legal market
News of a trade secrets leak involving TSMC and an action in Japan against AI startup Perplexity were also among the top talking points
Rothwell Figg partner Leo Loughlin discusses the importance of pro bono work and why ‘For the Kids’ should not be monopolised for trademark purposes
A new consultancy firm, set up by a former Warner Bros and Netflix lawyer, aims to resolve tensions between AI developers and the creative industries
Gift this article