Trademark Counterfeiting In CyberspaceTrademark counterfeiting has become more of an issue due to the far-reaching effects of the Internet. The Internet has become a source of more intellectual property theft and the legislation has been expanded to include cybercrimes such as trademark counterfeiting.
The following questions have been addressed in this article:What are the elements of trademark counterfeiting that must be proven?
Does the government need to prove that the defendant intended to violate this law?
Would a good that had a mark modified in a “trivial” way be sufficient even to demonstrate that a counterfeit mark was involved?
What is the amount of knowledge that is required by the infringer to be actionable?