Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy

By Paul R. Paradise | Go to book overview

terfeiting is the ex parte seizure, which allows an aggrieved party to seize the counterfeit goods without giving notice to the counterfeiter. The ex parte seizure is a potent weapon, and remains the principal remedy in a civil suit.

The delay in enacting strong legislation for trademark counterfeiting would cost the U.S. economy upwards of $100 billion over a seven-year period leading up to the signing of the Trademark Counterfeiting Act of 1984. Even worse, during this time trademark counterfeiting mushroomed into a persistent blight that gives no sign of receding.


NOTES
1.
The terms counterfeit and pirate are sometimes used interchangeably. There is a difference between the two terms. Copyrights and patents can only be pirated, which involves the theft of the content. Trademarks, which are indicators of source or origin, can only be counterfeited. A counterfeit product is a product that is identical to the legitimate product, and as such can involve copyrights and patents when the theft is coupled with the trademarks and/or the trade dress of the legitimate manufacturer; otherwise, when referring to copyrights and patents, the term pirate should be used. The term bootleg is best used when referring only to the music industry and refers to the theft of a composition for which no copyright is available (a live performance) or for a composition that has not been copyrighted.
2.
David Bollier, "At War with the Pirates", Channels, March 1987, p. 29.
3.
Speech delivered to the New York Women's Bar Association on February 24, 1993: "To Catch a Thief: The War against Foreign Economic Espionage and the Protection of the U.S. Economy".
4.
Compulsory licenses exist for nondramatic music works in sound recordings and jukeboxes, copyrighted programs in cable television transmission, and nondramatic music works or pictorial, graphic, and sculptural works in public noncommercial broadcasts. Once such works are publicly distributed in the United States under the authority of the copyright owner, anyone may obtain a compulsory license to make and distribute them if their primary purpose is to make and distribute them to the public for private use.
5.
For a comprehensive discussion of music piracy during the late 1800s see Publishing, Piracy and Politics by John Feather ( Mansell Publishing Ltd., 1994).
6.
For a detailed account of the early history of trademarks see Symbols of America by Hal Morgan ( Viking Books, 1986).

-19-

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Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • Acknowledgments xi
  • 1 - Trademark Counterfeiting 1
  • Notes 19
  • 2 - The Worldwide Threat 21
  • Notes 40
  • 3 - The Trade Dispute with the People's Republic of China 41
  • Notes 70
  • 4 - The Knockoff 73
  • Notes 93
  • 5 - Street Peddlers and Flea Markets 95
  • Notes 110
  • 6 - Pursuing the Counterfeiters 111
  • 7 - The Entertainment Industries 127
  • Notes 173
  • 8 - The Pill Pirates 175
  • Notes 202
  • 9 - Nuts and Bolts 205
  • Notes 229
  • 10 - Piracy in Cyberspace 231
  • Notes 246
  • 11 - Public Education 247
  • Notes 257
  • Selected Readings 259
  • Index 261
  • About the Author 270
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