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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.
In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. [ 1 ] : 485–486 If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention .
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (a) the trademark; (b) the goods and/or services that are associated with the trademark; (c) the date on which the trademark was first used on such associated goods and/or services; and (d) the geographic ...
counterfeiting, Lanham Act, trademark infringement, trademark dilution, nominative fair use Tiffany (NJ) Inc. v. eBay Inc. 600 F.3d 93 (2nd Cir. 2010), [ 1 ] was a landmark case in which the United States Court of Appeals for the Second Circuit first addressed contributory trademark infringement in the context of online marketplaces.
The invalidity of a registered trademark does not necessarily divest a federal court's jurisdiction over unfair competition claims; An established secondary meaning gives the term's owner a right against unfair competition at common law, apart from any trademark statutes. Mishawaka Rubber & Woolen Mfg. Co. v. S.S. Kresge Co. 316 U.S. 203: May 4 ...
Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, [6] which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United States Code, [7] and enhanced enforcement remedies through the use of ex parte seizures [8] and the award of ...
Counterfeiting is the umbrella term to designate infringements to intellectual property, with the exception of the term piracy which is sometimes (colloquially) used to refer to copyright infringement. [2] A more narrow definition of brand protection which focuses on trademark infringement, is sometimes used.