What is the practical difference between counterfeit and infringing marks?
A. There are differences in legal remedies available. A trademark owner can seek an ex parte seizure order from a court in the case of counterfeit goods under 15 USC 1116 (d). For a merely infringing mark, a trademark owner can pursue an injunction, which is granted only after notice to the defendant and a hearing. Similarly, U.S. Customs must seize and destroy counterfeit goods, but in the case of merely infringing goods, goods may enter the country if the infringing marks are obliterated.
