Legal Question in Intellectual Property in California
if a factory makes counterfeit clothing/handbags but gives wholesalers the option of purchasing the item without trademarked names in it then is it still counterfeit?
2 Answers from Attorneys
Do you work for the "counterfeiter" or for the real brand?
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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"Counterfeit" is a term with a broad and expanding meaning. It used to apply only to privately-made fakes of government stuff like money, postage stamps, etc. but now covers fake gold bars, fake trademarked goods, and more. Perhaps not putting fake labels in knockoff goods will take them out of today's definition of "counterfeit," but very likely there will still be a serious violation of trademark law, a design patent, or other right, involved in making and selling the copycat merchandise.