![]() Under this more stringent standard, additional remedies are available for trademark counterfeiting beyond those available for trademark infringement. To qualify as ‘counterfeit’, the mark must be identical to or substantially indistinguishable’ from the registered mark. This definition also requires a higher degree of similarity between the marks than the ‘likelihood of confusion’ standard applied in a typical trademark infringement case. ![]() Ownership of a valid US trademark registration is therefore a prerequisite to a successful trademark counterfeiting claim under federal law. The Lanham Act defines a counterfeit mark as “a spurious mark which is identical to or substantially indistinguishable from a registered mark” (15 USC § 1127). While there are additional state and federal laws that impose civil and criminal liability for counterfeiting, most anti-counterfeiting enforcement actions are derived from these two statutes. The Lanham Act provides civil remedies for trademark infringement and counterfeiting, while the Trademark Counterfeiting Act criminalises certain violations of the Lanham Act’s anti-counterfeiting provisions, making these offences federal crimes. ![]() ![]() Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC § 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC § 2320). ![]()
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