What is the difference between counterfeit goods and counterfeit marks?
The word “counterfeit” refers to the manufacture of goods that are made to resemble those produced by a famous brand with the intent of fraudulently passing them off as the real thing. This allows the counterfeiter to take advantage of the perceived worth of the brand-name item while producing it for less. The trademark law question primary relates to names and logos. It is common in the apparel industry for certain designs to become fashionable, and other designers to imitate them, and that alone is generally not counterfeiting or trademark infringement. For example, another company could make a black leather bag which looks similar to one made by Prada, but without the logo. The PRADA logo is a famous trademark and including it on a bag made by any company other than Prada (or a licensee of Prada) would be trademark infringement and illegal counterfeiting.
