Under the Lanham Act, the importation, exportation, and sale of counterfeit goods are prohibited, and such goods can be seized by the government. Legal action can result in significant statutory damages aimed at deterring counterfeiting. Damages for trademark counterfeiting can be as high as $2,000,000 per counterfeit mark.
The immediate goal is to force the counterfeiter to stop.
A court can issue an injunction to prohibit the defendant (the infringing entity) from continuing to infringe on your trademark. If applicable, your attorney can also seek compensation in the form of financial damages from the defendant. These can include loss of profits, statutory damages, and even compensation for attorney fees.
When another entity is selling counterfeit versions of your product, they are purposefully harming your business and your reputation. Whether the counterfeited goods are being sold on Amazon, a website, or another third-party marketplace – you have legal options available to force the infringing entity to stop and even pay you for any relevant damages you are owed.
What is a counterfeit product?
Under the Lanham Act, which governs U.S. trademark law, a counterfeit product is defined as any good that bears a mark identical or substantially indistinguishable from a registered trademark. This applies regardless of whether the counterfeiter was aware of the trademark’s registration.
Essentially, if someone produces or distributes products that mimic yours closely enough to confuse consumers, they are dealing in counterfeit goods. This illegal practice not only misleads the consumer but also dilutes the prestigious image that you have built for your brand.
Speak with an anti-counterfeiting lawyer.
Counterfeiting laws can be complex and vary significantly from one jurisdiction to another. An experienced attorney will navigate these complexities and deploy strategies tailored to the specific circumstances of your case.
We are ready to take the necessary actions to protect your intellectual property rights.
From drafting cease and desist letters to filing lawsuits, our legal team can manage all legal documentation and court processes, helping ensure that your case is compelling and backed by strong evidence.
Speak with our legal team today by contacting our law firm. Contact our team by using our website or calling us at 212-500-3268.
