Counterfeit Merchandise Sales Result in Summary Judgment of Infringement, but Not of “Trademark Counterfeiting”; Middle District of GA Clarifies Statutory Damages Standards

Introduction As puzzling as it may first seem, a seller of merchandise bearing counterfeit trademarks might not be found liable for “trademark counterfeiting.”  Selling such merchandise does not establish counterfeiting liability without a showing of intent.  Nevertheless, a defendant’s use of a counterfeit mark, regardless of intent, allows […]