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Emerging Trends in IP

1/24/2008 7:56:46 PM EST

Anti-Counterfeiting

Posted by AME3bg

It has been estimated that the sales of counterfeit goods reach a staggering $500 billion each year and counterfeiting has usurped 750,000 American jobs and costs the United States approximately $200 billion dollars each year. These startling figures beg the questions: what is counterfeiting, where does a counterfeit mark fit into the overall scheme of counterfeiting, and what is being done both criminally and civilly to protect both consumers and producers from counterfeiters. The topic of counterfeiting analyzed in Gilson on Trademarks, Chapter 5, §§ 5.19 - 5.22, including the elements of a counterfeit mark, when a genuine mark becomes a counterfeit mark when it is used without authorization, element of a civil counterfeiting claim, civil remedies, United States criminal counterfeiting law, and the practical steps a trademark owner can take in order to best protect their trademark.

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