Counterfeit marks are trademark infringement
Gina Boone, 2021 - J.D. Candidate, Fordham University School of Law, 2022; M.P.S., Public Relations and Corporate Communications, Georgetown University, “Designing Dupes: A Legislative Proposal for Holding Online Marketplaces Contributorily Liable for Counterfeit Goods”, 31 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 1302 (2021). Hein Online, Accessed via University of Michigan //DH
The Lanham Act governs trademark protections in the U.S. and defines trademarks as "any word, name, symbol, or device, or any combination thereof'88 One of its original purposes was to prevent fraud and deception by use of reproductions, copies, or counterfeits of registered marks in commerce.89 It also sought to provide rights and remedies respecting trademarks, trade names, and unfair competition.90 The Lanham Act has defined counterfeit as, "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark."91 To prove direct infringement for counterfeit trademarks under § 1114 of the Lanham Act, a plaintiff must show that the defendant used the mark in commerce without consent and that such use is likely to cause confusion.92 Courts will typically apply these elements in a two-prong test to see if the statute protects the mark and whether it causes confusion to a consumer.93