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 2026

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

As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
News of Avanci hiring a senior vice president and the EPO teaming up with a French AI startup were also among the top talking points
Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
The latest in a dispute over juicing machines, and a shakeup in judicial compositions were also among the top developments
Patent partner Robert Hollingshead explains why the firm remains committed to Japan despite several US firms exiting the Japanese and greater Asia market
Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Gift this article