Legal Definitions - counterfeisance

Counterfeisance is an archaic legal term that refers to the act of counterfeiting. In modern legal language, the term "counterfeiting" is used instead. It describes the deliberate creation of an imitation of something valuable—such as money, official documents, or branded goods—with the specific intent to deceive others and pass the fake item off as genuine.

Here are some examples illustrating the concept of counterfeisance:

• Imagine a clandestine operation where individuals use specialized printing equipment to produce highly convincing replicas of government-issued bonds. They then attempt to sell these fake bonds to unsuspecting investors, claiming they are legitimate financial instruments.

  This scenario represents an act of counterfeisance because the individuals are engaged in the creation of fraudulent official documents with the clear intention to defraud and deceive others into believing the bonds are authentic.

• Consider a manufacturer who produces thousands of handbags designed to look identical to those made by a renowned luxury fashion brand. These bags feature the brand's logo, distinctive hardware, and packaging, but are made with cheaper materials and without the brand's authorization. The manufacturer then distributes these bags through various channels, allowing them to be sold as if they were genuine articles.

  This is an example of counterfeisance because it involves the systematic production of imitation goods with the express purpose of misleading consumers and infringing on the intellectual property and reputation of the legitimate brand.

• Suppose an individual creates a sophisticated digital template for a national driver's license, including security features and official seals. They then use this template to print multiple fake licenses for people who are underage or otherwise ineligible, allowing them to illegally purchase restricted items or gain access to age-restricted venues.

  This situation demonstrates counterfeisance as it involves the fabrication of official identification documents with the intent to deceive authorities and businesses about the identity and eligibility of individuals.