CHAPTER 1

State Civil and Criminal Anti-Counterfeiting Statutes

A Parallel System of Trademark Anti-Counterfeiting Statutes

Although the Founding Fathers of the United States considered the need to encourage innovation and protect creativity for limited periods of time through patents and copyrights, they did not give trademarks similar consideration. In fact, although counterfeiting had been taking place in various forms for centuries, trademark counterfeiting has grown exponentially in the modern industrial age. While federal and state governments have recognized the need to protect the consumer from confusion with regard to the source of a product or service, there has also been a significant surge in the value of trademark assets through ...

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