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B10(May 2006)

Not exactly counterfeit
Parloff, Roger
Fortune Online, May 1, 2006
Based on the experience of several companies, the article describes a fairly new challenge Western companies face when trying to protect their products from counterfeiting - the so-called "Third or Midnight Shift". Western companies outsource the production of their goods to factories overseas, thereby entrusting their intellectual property to contractors all over the world. Licensed contractors fill the order during the day shifts, but run extras at night, which they sell for their own profit. Stopping this practice turns out to be very difficult, as an example of a lawsuit by the shoe manufacturer New Balance against a Chinese factory owner illustrates. Roger Parloff is a Fortune Senior Writer.
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