Kari Kammel, Brandon Sullivan and Lorryn Young, 2019
This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters.
Relying on state-level appellate court cases and conviction data, we found: (1) states inconsistently use and interpret criminal anticounterfeiting statutes across the U.S.; and (2) strategies for building evidence in trademark counterfeiting criminal cases are strongest when based on cooperation with the victim (trademark owner).
This article was published in The Chicago Kent Journal of Intellectual Property. Subscription may be required to view article.
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