Matt: Hi, and welcome back to Trademark Law Radio. I’m Matt Plessner. Today we’re going to be discussing trademark counterfeiting, and how to defend yourself against claims of trademark counterfeiting. To help us, we’re speaking again with Brian Hall of the Traverse Legal office of Traverse City, Michigan…Brian, nice to have you back.
Brian: Thanks Matt, it’s good to be here again.
Matt: Now Brian, first of all, what is trademark counterfeiting?
Brian: That’s a great question, Matt. A lot people are aware of trademark infringement and related claims, but trademark counterfeiting is something that people think about when they’re buying or selling a product that isn’t the actual or genuine product, but instead has been produced by someone else to look like that product and it bares the mark of the actual product. So, under law, the Lanham Act, which is the act that specifically deals with trademarks (and it is a federal act), it prohibits the use and commerce of counterfeit trademark in a matter that’s likely to cause consumer confusion, and it’s further provides that anyone using the counterfeit trademark in that way, meaning as a counterfeit, will be liable in a civil action to the registrant of the trademark. So, put simply, what it means is, under law, if someone uses the trademark of another on a product that’s not the actual product or a genuine product then they can be liable for trademark counterfeiting.
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