![]() Similarity of appearance, phonetics, and meaning as well as channels of trade, direct competitiveness, strength of the famous mark, and evidence of actual confusion can determine trademark infringement. Trademark infringement involves the determination of the probability of confusion by consumers between two marks. SECOND CLAIM FOR RELIEF (Infringement of Registered Trademark) 26. § 1125(a), with regards to the false designation of origin and false descriptions and representations in commerce of Defendants’ Unauthorized Merchandise. It increased such penalties for a second or subsequent conviction under the Act.ĭefendants for injunctive and monetary relief pursuant to Section 43(a) of the Lanham Act, 15 U.S.C. The act established penalties of up to five years imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation or other legal entity) for selling or attempting to sell counterfeit goods or services. The Trademark Counterfeiting Act of 1984 is a United States federal law that amended the federal criminal code to make it a federal offense to violate the Lanham Act by the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark.
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