New York Trademark Task Force John A. Curry Regional Counsel Recording Industry Association of America ™ Task Force

Task Force Mission Statement Combine the resources of both the ‘private’ & ‘public’ sectors to combat illegal activities Combine the resources of both the ‘private’ & ‘public’ sectors to combat illegal activities Benefits: Benefits: Shared common goal of combating the manufacture/sale of counterfeit goods Shared common goal of combating the manufacture/sale of counterfeit goods Pooling of resources ($, personnel, etc.) Pooling of resources ($, personnel, etc.) Help to defray costs (including the packaging, transportation, storage & destruction of goods) Help to defray costs (including the packaging, transportation, storage & destruction of goods) Shared training, P.S.A’s, etc. Shared training, P.S.A’s, etc. Forum to exchange thoughts & ideas Forum to exchange thoughts & ideas Share information and contacts Share information and contacts

Task Force Clichés (but true) ‘That which we have in common is far greater than that which divides us’ ‘That which we have in common is far greater than that which divides us’ ‘There is strength in numbers’ ‘There is strength in numbers’ ‘The sum is often greater than its parts’ ‘The sum is often greater than its parts’ ‘A chain is only as strong as its weakest link’ ‘A chain is only as strong as its weakest link’ ‘We are all in this together’ ‘We are all in this together’

Private & Public Created in 2002 w/ shared goal Created in 2002 w/ shared goal Combined handful of companies & their representatives and the Mayor’s O.M.E. Combined handful of companies & their representatives and the Mayor’s O.M.E. Traditional model of enforcement ineffective to combat the ‘new’ trends in counterfeiting Traditional model of enforcement ineffective to combat the ‘new’ trends in counterfeiting “Arrest, Seize and Repeat” “Arrest, Seize and Repeat” Hold ‘Landlords’ Responsible (and liable) Hold ‘Landlords’ Responsible (and liable) Large Buildings “vertical flea markets” Large Buildings “vertical flea markets”

Criminal vs. Criminal & Civil Disjointed & Fragmented Disjointed & Fragmented Resource Intensive Resource Intensive Cost Prohibitive Cost Prohibitive Criminal Enforcement Only: Criminal Enforcement Only: Narrowly Focused Narrowly Focused Tactics: Arrests, Seizures and Search Warrants by L.E. Tactics: Arrests, Seizures and Search Warrants by L.E. Fewer Indictments - Fewer Sentenced Fewer Indictments - Fewer Sentenced No Impact on Landlord No Impact on Landlord Synchronized & Focused Synchronized & Focused Resource Efficient Resource Efficient Cost Effective Cost Effective Criminal & Civil Enforcement: Criminal & Civil Enforcement: Broadly Focused Trademarks and City Agencies Working Together for Max. Impact. Significant Penalties Levied Against the Landlord

Relevant Laws Nuisance Abatement Law (NYC Admin. Code – Title 7) Nuisance Abatement Law (NYC Admin. Code – Title 7) Various ‘Code’ Violations (Including Building Code Violations) Various ‘Code’ Violations (Including Building Code Violations) NYS Penal Law Sections NYS Penal Law Sections Goal: To use all lawful weapons (incl. civil and criminal statutes) in order to hold ‘absentee’ landlords responsible for the criminal activities occurring within the properties that they owned.

“Slow and Steady” The first few years of this cooperative effort had some great successes (i.e. the Times Square Area) The first few years of this cooperative effort had some great successes (i.e. the Times Square Area) Enforcement actions evolved from exclusively ‘high rise buildings’ into ‘commercial storefronts’ Enforcement actions evolved from exclusively ‘high rise buildings’ into ‘commercial storefronts’ Not a ‘Magic Bullet’ Not a ‘Magic Bullet’ Stipulations of Settlements Stipulations of Settlements “So Ordered” by the Courts “So Ordered” by the Courts Unannounced ‘warrantless’ searches Unannounced ‘warrantless’ searches Fines and/or posting of bonds Fines and/or posting of bonds Right of first refusal (potential tenants/leasees) Right of first refusal (potential tenants/leasees) Other operating restrictions (times of operation, inventory, etc.) Other operating restrictions (times of operation, inventory, etc.)

NY Task Force Incorporated in 2008 Incorporated in 2008 Quarterly meetings to discuss new trends, projects, problems and possible solutions Quarterly meetings to discuss new trends, projects, problems and possible solutions Has been used as a ‘model’ for the creation of the L.A. Task Force Has been used as a ‘model’ for the creation of the L.A. Task Force Bob Barchiesi & Shari Hyman assisted in the recent changes to the L.A. ‘nuisance abatement law’ Bob Barchiesi & Shari Hyman assisted in the recent changes to the L.A. ‘nuisance abatement law’ Various large cities have expressed interest in using the NY model for the creation of local city and/or state ‘task forces’ Various large cities have expressed interest in using the NY model for the creation of local city and/or state ‘task forces’ All states/cities have individual nuances that may require an ala carte approach to the NY TF. All states/cities have individual nuances that may require an ala carte approach to the NY TF.

L.A. P.S.A. Initiative

QUESTIONS?

Thank You!