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Counterfeiting is trademark infringement

Arielle Percival, 2021 - J.D., University of the Pacific, McGeorge School of Law, “Social Networks, Counterfeit, and Contributory Trademark Infringement: Are Social Media Giants Still Protected Ten Years after Tiffany?”, 52 U. PAC. L. REV. 877 (2021). Hein Online, accessed via University of Michigan //DH

Counterfeiting is a form of trademark infringement.71 A person counterfeits an item by making a copy or imitating an item without authorization and attempts to pass the copy off as the genuine product. 72 On the spectrum of copied items, there are those that display/affix a famous trademark to an item to appear as if the item is genuine.73 Alternatively, there are "dupes" or "knock-offs"-i.e., items that are similar in appearance to the genuine item but do not include the inspired item's mark.74 Both instances of copying intend to benefit from the goodwill of the genuine items' mark; however, the sale of dupes is not always trademark infringement, while the sale of counterfeits is always trademark infringement. 75

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