Trademark counterfeiting is the unauthorized use of a trademark or service mark on products and services that are not produced or authorized by the trademark holder. It can take many forms, including the production, distribution, or sale of counterfeit products that are identical or substantially indistinguishable from genuine products, or the unauthorized use of a trademark in a domain name or website. Types of trademark counterfeiting include trademark infringement, trademark dilution, and trademark piracy.
Trademark Counterfeiting
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Multi-State
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US-JURY-11THCIR-10-6
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Word
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions
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FAQ
Trademark counterfeiting is when an established trademark is placed on a product or service that is not one of the legitimate goods offered by the trademark owner. It can be defined as any known manufacture, distribution, or intent to distribute items bearing counterfeit trademarks.
Counterfeiting is the unlawful duplication of something valuable in order to deceive. Counterfeit items can include money, coupons, credit or debit cards, clothes, and jewelry.
The Trademark Counterfeiting Act of 1984 is a United States federal law that amended the federal criminal code to make it a federal offense to violate the Lanham Act by the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark.
The 1984 Act created an offense, codified at 18 U.S.C. § 2320, which provides that "(w)hoever intentionally traffics or attempts to traffic in goods and services and knowingly uses a counterfeit mark on or in connection with such goods or services" shall be guilty of a felony.
Some instances of infringement are clear. If, for example, you have a jewelry company with a trademarked name of Romantic Stones, and another company comes along and starts selling jewelry under the name Romantic Stones, you have a pretty clear-cut claim for trademark infringement on your hands.
A counterfeit trademark includes marks that are largely identical to the real mark. Infringements include marks that are similar but not identical to the genuine mark. A similar mark is more likely to qualify as an infringement than as counterfeiting.
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.
Some of the most common examples of counterfeit goods include counterfeit handbags, clothing, accessories, perfumes, and electronics. However, the most commonly seized counterfeit goods are athletic shoes, specifically, from brands like Nike and Adidas.
More info
A complete guide to Trademark Counterfeiting. This article covers how to identify it and what you can do about it.Under the Act, the term "counterfeit" trademark means a "spurious mark which is identical with, or substantially indistinguishable from, a registered trademark. Counterfeits are goods or services that intentionally resemble trademarked goods or services. Summary of S.875 - 98th Congress (1983-1984): Trademark Counterfeiting Act of 1984. 2 Counterfeiting is the most egregious form of trademark infringement. Trademark counterfeiting. This article was published in the American Intellectual Property Law Association. Subscription may be required to view article. 145 - Trademark counterfeiting in second degree; penalty, ORS § 647.