QUESTION

What is the difference between Counterfeiting and Trademark Infringement?

Asked on Nov 03rd, 2016 on Intellectual Property - New York
More details to this question:
Can I get examples of Trademark Infringement and examples of Counterfeit?
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1 ANSWER

Advocacy Attorney serving Plantation, FL at The Rapacke Law Group, P. A.
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Thank you for the question regarding trademark law and counterfeit goods.  Counterfeiting goods, sometimes called gray market goods falls within the Trademark Act (Lanham Act) and allows for a variety of damages (penalties) including huge fines and even imprisonment.  Under the Lanham Act, there are also civil remedies that you can seek such as treble damages (a fancy way to say triple damages), attorney fees and seizure of the infringing goods.  Some examples of Trademark Infringement:  Using a sign or logo similar to McDonalds "golden arches." Counterfeit example:  Selling imitation Louis Vuitton Purses that are of lesser quality and imitate the original.  Some of the most counterfeit goods are shoes, toys, watches, clothing, handbags, and basic electronics.  My recommendation is to speak with a Law Firm who handles Trademark Infringement cases.  I wish you the best of luck.   Respectfully, Andrew S. Rapacke The Rapacke Law Group, P.A.
Answered on Nov 06th, 2016 at 6:37 AM

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