Obtaining Early and Effective Relief against Trademark Counterfeiting

Authors

Neil A. Smith

Abstract

Counterfeiting has become a worldwide industry which generates over a billion dollars worth of business in the U.S. The author traces the development of court-created remedies for trademark counterfeiting, which include temporary and preliminary injunctions, temporary restraining orders (TROs), orders for production and inspection of records and inventory, and seizures of counterfeit merchandise by U.S. Marshalls. Recently, courts have expanded these remedies to include ex parte TROs, granted without notice to the alleged counterfeiter, and sometimes without knowledge of the identity of the counterfeiter, and seizure of counterfeit goods by the plaintiff or the plaintiff's attorney. The author also discusses the Trademark Counterfeiting Act of 1984, including the scope of its application, and criminal penalties and civil remedies available under the Act.

Recommended Citation

Neil A. Smith, Obtaining Early and Effective Relief against Trademark Counterfeiting, 10 UC Law SF Comm. & Ent. L.J. 1049 (1988).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol10/iss4/4