Practice Area

Trademark Counterfeiting

Federal Court

Situation — How This Comes Up

Someone is selling counterfeit versions of my branded products online.

What You Need to Know First

Trademark counterfeiting is a distinct cause of action from infringement — with statutory damages up to $2 million per counterfeit mark per type of goods, and the possibility of ex parte seizure orders without notice to the defendant.

Full Analysis

Federal trademark counterfeiting claims allow ex parte seizure, statutory damages from $1,000 to $2,000,000 per mark per type of goods, and mandatory attorney’s fees. Criminal referral to federal prosecutors is also available in egregious cases.

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