Goods bearing a counterfeit trademark. A counterfeit trademark is defined as a spurious mark which is identical with, or substantially indistinguishable from, a federally registered mark.
While infringement of a trademark requires confusing similarity between marks, regardless of the intent of the infringer, counterfeiting can only occur when the perpetrator knowingly used the counterfeit mark with an intent to traffic in the goods bearing such mark and knowledge that the trademark was a counterfeit.
Intentional trafficking in counterfeit goods is a criminal offense, and can lead to treble damages when pursued in a civil court. The U.S. Customs Bureau and the International Trade Commission can help trademark owners stop the importation of counterfeit goods into the United States.
