Trafficking in Goods or Services Bearing a Counterfeit Mark Likely to Cause Confusion, Mistake, or Deception is a type of trademark infringement that occurs when a person or entity, without authorization, uses a counterfeit trademark for goods or services that are likely to cause confusion, mistake, or deception among consumers. This includes any goods or services that use a trademark that is identical or substantially similar to a registered trademark or copyrighted material. It is illegal to manufacture, distribute, or sell counterfeit goods or services bearing a counterfeit mark. Types of Trafficking in Goods or Services Bearing a Counterfeit Mark Likely to Cause Confusion, Mistake, or Deception may include: — Counterfeit products, such as fake designer clothing, purses, or jewelry — Counterfeit services, such as an unauthorized repair service using a company’s name or log— - Counterfeit software, such as a fake antivirus program — Counterfeit pharmaceuticals, such as fake prescription drugs — Counterfeit documents, such as forged IDs, passports, or diplomas — Counterfeit currency, such as fake money or coins — Counterfeit tickets, such as fake concert or sports tickets.
Trafficking in Goods or Services Bearing a Counterfeit Mark Likely to Cause Confusion, Mistake, or Deception
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FAQ
A "counterfeit" is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.
Criminal organizations are attracted by the lucrative profits involved in trading counterfeit or goods, or in trading legitimate goods through illicit channels. The criminals involved manufacture and trade illicit goods on a regional and increasingly global scale.
Defined under 18 U.S. Code § 2320, intentionally trafficking goods or knowingly using a counterfeit mark is a felony. This includes the repackaging of genuine goods or services with the intent to deceive or confuse.
The trafficking in illicit goods spans a number of practices including: counterfeiting. piracy. falsification. adulteration of products.
It is illegal to purchase counterfeit goods. Bringing them into the United States may result in civil or criminal penalties and purchasing counterfeit goods often supports criminal activities, such as forced labor or human trafficking. Help to stop the funding of criminal enterprises by buying authentic goods.
Counterfeit products range from high-end consumer luxury goods such as watches, perfumes or leather goods, to business-to-business products such as machines, chemicals or spare parts, to common consumer products such as toys, pharmaceuticals, cosmetics and foodstuffs.
Bringing them into the United States may result in civil or criminal penalties and purchasing counterfeit goods often supports criminal activities, such as forced labor or human trafficking. Help to stop the funding of criminal enterprises by buying authentic goods.
For example, if an individual buys a computer that bears an apple logo, but that computer is counterfeit and is lower quality than an actual apple computer, then the owner of the trademark will have their reputation and business goodwill harmed.