10/16/2006
Counterfeits: Beyond the Knockoff
Courts are ruling that some goods are counterfeit even when they bear 'legitimate' trademarks.
Counterfeiting is an enormous problem for businesses, consumers and law enforcement. The federal government estimates that counterfeit goods account for approximately $500 billion in sales every year, or roughly 7% of global trade, and cost the United States an estimated $200 billion each year. In addition to the monetary impact, deficient counterfeit pharmaceuticals, nutritional supplements and industrial equipment can cause serious personal harm. Trafficking in counterfeit goods is an old problem, but Congress, the courts and litigants are increasingly thinking outside the box to bring new solutions to the problem by expanding upon traditional notions of what is "counterfeiting" and by giving civil and criminal enforcement new weapons and remedies to combat this growing problem.
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Reprinted with permission from the October 16, 2006 edition of THE NATIONAL LAW JOURNAL. ©2006 ALM Properties, Inc. All rights reserved.