Gibney has filed hundreds of trademark counterfeiting cases across the country.  While we deal mostly with civil actions, there are federal remedies for trademark counterfeiting both criminally and civilly.  In 1984, Congress made trademark counterfeiting a federal crime and drafted harsher civil remedies. The remedies are as follows:

Civil Remedies: 

Judges are empowered to grant ex parte seizure orders and monetary remedies in civil counterfeit goods cases.  The ex parte seizure orders allow trademark owners to seize the counterfeit goods, along with any records documenting the manufacture and sale of such goods.  Various procedural steps must be taken by the trademark owners and a hearing is required to report the seized goods. 

If it is found that the counterfeiter had the intent to sell goods bearing counterfeit trademarks and therefore had knowledge that the goods were counterfeit, trademark owners may be rewarded treble damages or profits and reasonable attorney’s fees (including investigative fees).  A trademark owner may elect for statutory damages, in lieu of actual damages and profits, of $1,000 to $200,000 for each counterfeit mark per goods or services used or up to $2,000,000 per counterfeit mark per type of goods or services used by the counterfeiter if the trademark owner can show willfulness. 

Criminal Remedies: 

Pursuant to 18 U.S.C. § 2320, the international trafficking of counterfeit goods or services is a federal crime subject to a maximum penalty of $2,000,000 and/or ten years in prison and a maximum fine of $5,000,000 against a corporation.