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A counterfeit mark is a spurious mark identical with, or substantially indistinguishable from, a registered mark. Counterfeit marks are infringements and subject to criminal penalties & seizure.

The Trademark Counterfeiting Act of 1984 provides criminal penalties up to $250,000 and/or five years imprisonment for attempted and/or intentional trafficking, and knowing use of the counterfeit mark.

Civil remedies for selling goods with a counterfeit mark are treble (triple) damages or profits and attorney fees. Corporations can be fined up to $1,000,000.

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