Legal Definitions - counterfeit mark

A counterfeit mark refers to a fake or unauthorized reproduction of a registered trademark that is identical or nearly identical to the genuine mark. This imitation mark is used on goods or services that are the same as, or very similar to, those for which the original trademark is registered. The primary intention behind using a counterfeit mark is to mislead consumers into believing they are purchasing authentic products or services from the legitimate brand owner.

Here are some examples to illustrate the concept of a counterfeit mark:

• Luxury Apparel: Imagine an online marketplace where a seller offers t-shirts featuring a logo that is an exact replica of a famous athletic wear brand's distinctive swoosh design. These t-shirts are sold at a significantly lower price than the authentic items and are made from inferior materials. The seller has no affiliation with the genuine brand.

  Explanation: The replicated swoosh logo on the t-shirts is a counterfeit mark. It is an unauthorized, identical reproduction of a registered trademark, used on goods (t-shirts) that are designed to appear as if they originate from the legitimate brand, thereby deceiving consumers about their authenticity.

• Automotive Parts: Consider a repair shop that installs brake pads on customers' cars. These brake pads come in packaging that precisely mimics the branding, logos, and safety certifications of a well-known, reputable automotive parts manufacturer. However, the brake pads themselves are of substandard quality, produced by an unknown entity, and do not meet the manufacturer's safety standards.

  Explanation: The unauthorized use of the legitimate manufacturer's branding, logos, and packaging designs on the brake pads constitutes a counterfeit mark. This imitation is intended to mislead both the repair shop and the end consumer into believing they are purchasing genuine, safe parts, when in fact they are not.

• Consumer Electronics: A street vendor is selling wireless earbuds packaged in boxes that bear the exact design, typography, and product images of a popular technology company's latest model. Despite the identical appearance of the packaging, the earbuds inside are poorly made, lack many of the advertised features, and quickly malfunction.

  Explanation: The packaging and branding used for these earbuds represent a counterfeit mark. They are an unauthorized, identical reproduction of a registered trademark, applied to goods (earbuds) that are intended to be passed off as genuine products from the well-known technology company, deceiving buyers about the product's origin and quality.