SOFTWARE PIRATES AND COUNTERFEITERS BEWARE: 
THE IP POLICE ARE COMING!
By William R. Hill(2000) 

New enforcement provisions under both federal and state law, including the Digital Millennium Copyright Act, have provided owners of intellectual property with a powerful and expanding arsenal of weapons with which to defend against the theft of their intellectual property. In addition, courts have expanded the scope of trade dress protection under the Lanham Act, starting with the U.S. Supreme Court in the Two Pesos, Inc. v. Taco Cabana case in 1992 and continuing to the present. Finally, industry groups such as the Interactive Digital Software Association (“IDSA”), the Business Software Association (“BSA”), and the Recording Industry Association of America (“RIAA”) are becoming more aggressive in their enforcement efforts on behalf of their members, and companies such as Autodesk, Inc. have expanded their own anti-piracy programs. As a testament to the effectiveness of the statutory remedies—and the aggressiveness of companies on a mission to protect their intellectual property rights—Donahue, Gallagher this year alone has recovered in excess of $15 million for its clients in pursuing software pirates, product counterfeiters, knock-off artists, and trade dress infringers. Those making a living by pirating the intellectual property of others have received a clear message: proceed at your peril, because the IP police are coming! 

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