Question
In this Discussion, we explore the question -- when does a trademark infringement become a counterfeit? As you recall from your reading, a counterfeit is
In this Discussion, we explore the question -- when does a trademark infringement become a counterfeit? As you recall from your reading, a counterfeit is an extreme kind of trademark infringement -- but what distinguishes the two concepts?It's a very important question for defendantsbecause the difference can be a matter of choosing between a financial penalty and jail-time.In the case of US vChongLam, the court reviews whether a subtly altered trademark can be considered sufficiently "identical" to meet the legal standard for counterfeiting (that the infringing mark has been substantially indistinguishable or identical to the authentic mark).Do you agree with the decision in this case? Why?What does this case teach us about the business-government partnership to combat counterfeiting?Feel free to add web-research to complement your answer.
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