What are the elements of the crime of counterfeiting?
Utterance, passing a counterfeit as a legitimate document; Possession of the tools for producing counterfeits; Removing or altering motor vehicle identification numbers; Pasting together parts of notes, bills, or other instruments to make a fraudulent one; and.
What is counterfeit infringement?
Counterfeiting and Infringement are two phenomenon of the same genus but different species. Where Counterfeiting can be defined as the fraudulent imitation of something such as money, trademark etc, Infringement is the breach or violation, as of a law, regulation, or agreement.
What are the elements of a claim for trademark infringement?
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …
How do you prove counterfeiting?
In order to show that a trademark used by the defendant was a “counterfeit mark” the government must prove the following:
- The mark is spurious.
- The mark was used in connection with trafficking in goods or services.
- The mark is “identical with, or substantially indistinguishable from” the genuine trademark.
Can you go to jail for using fake money?
Under federal law, the use or attempted use of counterfeit currency is illegal if the person has the intent to defraud the recipient. A conviction for the offense carries up to 20 years in prison and a fine. All of these crimes require that the prosecutor prove that the defendant acted with the intent to defraud.
What is the penalty for counterfeit money?
If you are convicted of using, creating, or dealing in counterfeit currency, the penalties can be severe. The federal judge could sentence you to up to 20 years in a federal prison, along with a huge fine up to $250,000.
What is the difference between a trademark infringement and a counterfeit?
Counterfeiting is the making of fraudulent copies of something valuable, whereas trademarks are infringed, not by exact marks, but by marks that are likely to confuse. Infringing marks also include a broader class of marks that are “confusingly similar” to genuine marks.
What is the difference between counterfeit and infringement?
What Is the Difference Between Counterfeit and Infringement? A counterfeit trademark includes marks that are largely identical to the real mark. Infringements include marks that are similar but not identical to the genuine mark. A similar mark is more likely to qualify as an infringement than as counterfeiting.
What crime is passing counterfeit money?
Using or manufacturing counterfeit money is a violation of the United States Code and can be considered criminal fraud. Counterfeiting of currency is not a minor offense, but is actually considered a federal felony handled by the U.S. Secret Service Office.
Is the Lanham Act applicable to trademark counterfeiting?
The Lanham Act is not applicable if the manufacturer or producer accused of counterfeiting had authorization to use the mark at the time of production or manufacture. Therefore, trademark owners cannot open a lawsuit for production overruns parallel imports, or gray-market goods.
What do you need to know about the Lanham Act?
For the Lanham Act to be applicable, the counterfeit mark must be associated with or used on services or goods that are nearly identical to the services and goods for which the true trademark or service mark was registered.
What is the definition of a counterfeit Mark?
The goods or services are those for which the genuine mark is registered. 18 U.S.C. § 2320 (d) (1) (A) (ii). The definition of counterfeit mark extends only to imitations of registered marks which are used in connection with the goods or services for which the mark is registered.
Is there a law against counterfeiting of a trademark?
Case law is growing substantially when it comes to the 1984 amendment to the trademark counterfeiting provisions of the Lanham Act. Owners of trademarks in the United States can depend on the law to help protect their marks from counterfeiters.