However, not all infringements qualify as counterfeits. Trademark counterfeiting is always considered infringement, and is a common type of trademark infringement. Trademark counterfeiting also occurs when services are presented or advertised to trick consumers into thinking that they come from a legitimate source. If a manufacturer produces unauthorized goods so that they very closely resemble the brand-name goods, it is likely trademark counterfeiting. What Is the Difference Between Counterfeit and Infringement? The purpose of trademark law is to prevent the deception and confusion of customers and to protect the goodwill of businesses by not allowing others to misrepresent the source of goods or services. What Is a Trademark?Ī trademark refers to any word or symbol used to associate goods or services with the manufacturer. Owners of trademarks in the United States can depend on the law to help protect their marks from counterfeiters. Case law is growing substantially when it comes to the 1984 amendment to the trademark counterfeiting provisions of the Lanham Act. In the United States, counterfeiting laws are becoming more and more favorable for those who own trademarks. The federal Trademark Act, also called the Lanham Act, prohibits such counterfeiting. Trademark counterfeiting refers to when an established trademark is placed on a product or service that is not one of the legitimate goods offered by the trademark owner.
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