The Trademark Counterfeiting Act of 1984 (the" Act") 1 was enacted to combat our nations's epidemic2 of counterfeit goods. 3 The Act provided for civil sanctions and criminal penalties to deter counterfeiters. 4 So far, federal courts have favored an expansive application ofBAINTON, J JOSEPH...
An owner of a trademark may commence civil legal proceedings against a party which the Infringement of its registered trademark. The Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services in the United States. In many countries (but not countries like...
After an enormous growth in Trademark counterfeiting, Congress passed the Trademark Counterfeiting Act of 1984. Remedies included new civil actions with awards of treble damages and attorneys' fees. The Trademark Clarification Act was also passed in 1984 in response to the Ninth Circuit's decision in...
Trademark counterfeiting is when an established trademark is put on a product or service that is not one of the legitimate goods offered by the trademark owner.
forging or counterfeiting a trademark; false entries on the register; falsely representing a trademark as registered; unlawful removal of a registered trademark from trademarked goods; falsely applying a registered trademark; and selling goods with false marks. ...
counterfeiting disputes, some of which have been selected as the annual cases by Supreme Court over the years. High-stake IP litigation is the forte ofHui Huang, who has a razor-sharp understanding of the theory and practice of the whole trademark cycle. Shenzhen-basedJason Yaosafeguards IP ...
摘要:The International Trademark Association (INTA) welcomed Richard Heath as the 2009 President of the Association.rnHeath, vice president legal -Global Anti-Counterfeiting Counsel in the Legal Group at Unilever PLC based in London, United Kingdom, has been managing intellectual property in-house fo...
On the other hand, concern is growing about unauthorized third parties, especially those engaging in counterfeiting, who may commit acts of infringement that do not neatly fall within the conventional confines of trademark law. These acts could range from the sophisticated misuse of AI in creating ...
1) reverse trademark counterfeiting 反向假冒规制 2) reverse passing-off 反向假冒 1. The act ofreverse passing-offrefers to thereverse passing-offtrademark. 反向假冒一般是指商标的反向假冒,我国《商标法》已将反向假冒纳入了调整范畴。 2. Reverse Passing-off of the trademark comprises the expressreverse...
The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it...