Trademark: Counterfeiting


A defendent is liable for counterfeiting under the Lanham Act when it is shown that the defendant (1) infringed a registered trademark in violation of 15 U.S.C. Sec. 1114(1); and (2) intentionally used the registered trademark knowing that it was counterfeit. Counterfeit is defined as "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark." Statutory damages are available for counterfeit actions under Section 35(c) of the Lanham Act of: (1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers justs.


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