• Under the second category, the law imposes criminal penalties if the counterfeit mark is (1) identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office, and (2) likely to confuse or deceive the public. [Cases: Copyrights and Intellectual Property 70; Trade Regulation 311–312. C.J.S. Copyrights and Intellectual Property §§ 84–85; Trade-Marks, Trade-Names, and Unfair Competition § 151.]
criminal infringement
The statutory criminal offense of either (1) willfully infringing a copyright to obtain a commercial advantage or financial gain (17 USCA § 506; 18 USCA § 2319), or (2) trafficking in goods or services that bear a counterfeit mark (18 USCA § 2320).
