NCJ Number
122639
Journal
Journal of Criminal Law and Criminology Volume: 80 Issue: 3 Dated: (Fall 1989) Pages: 805-841
Date Published
1989
Length
37 pages
Annotation
Inadequate enforcement of criminal and civil penalties for trademark counterfeiting causes harm to manufacturers and consumers and costs the United States many jobs.
Abstract
The Trademark Counterfeiting Act of 1984 not only imposes criminal sanctions for trademark counterfeiting, but also creates civil remedies by codifying trademark owners' rights to obtain ex parte seizure orders and treble damages. The effectiveness of the Act's criminal penalties is examined by analyzing case law and current legal literature. While the penalties are a powerful deterrent to trademark counterfeiting in the United States, they are inadequately enforced. The significant economic losses brought about by trademark counterfeiting argue for increased Federal enforcement efforts. The history of trademark counterfeiting and criminal sanctions are discussed as well as alternatives to the Act, including international and Customs efforts at enforcement. Civil remedies available under the Act are also discussed. 274 footnotes.