Trademarks are words and symbols that help identify your brand. That brand is then associated with your products, services and other goods. U.S. trademark laws were designed to protect consumers from brand confusion, but they also protect your business. Other companies cannot use your trademark as a way to confuse customers and it is illegal for anyone to use your trademark without your permission.
Trademark Counterfeiting: A Growing Trend
Counterfeit trademarks are becoming increasingly common. This is when a manufacturer creates products that look just like those made by your company – then, they attempt to pass them off as your trademarked goods.
Trademark counterfeiting is a serious issue, because consumers associate your products by your trademark. Therefore, if they purchase these misleading products and they are faulty or subpar, they could inadvertently blame your business. Trademark counterfeiting is very common with goods from other countries and while it seems harmless, it could be detrimental to your company.
What Happens if a Company is Guilty of Trademark Counterfeiting?
The U.S. takes counterfeiting seriously, especially counterfeit goods. They will seize those goods at the Customs Office and can impose criminal fines on the guilty party. In addition, the trademark owner, you, can sue the counterfeiting for those goods and the lost profits or damages that may have occurred – and up to three times the actual damages. This means high value rewards to your company if you can prove the company counterfeited your trademark.
Do I Need Intellectual Property Lawyers for Counterfeit Goods?
If you think someone has counterfeited goods under your trademark, you need intellectual property attorneys. Intellectual property attorneys will help bring the guilty party to justice and can advise you on your trade laws as well as rights. If you find a company has counterfeited goods, your IP attorney will then assist you with your lawsuit.
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