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Counterfeiting and trademark infringement

On Behalf of | Oct 26, 2020 | Blog |

Businesspeople in Miami have a vested interest in any changes in intellectual property. Intellectual property law is what makes it possible for people to profit from their good ideas. Without copyright and trademarks, it would be easy for anyone to steal ideas and imitate successful entrepreneurs without fear of consequences. One recent ruling in the Ninth Circuit Court of Appeals has clarified some of the definitions and circumstances in which trademarks are protected.

Counterfeiting and trademark infringement

The Ninth Circuit ruling in the Arcona, Inc. v. Farmacy Beauty, LLC, et al., case has served to clarify some of the language in the Lanham Act. In this case, the court ruled that part of figuring out whether trademark infringement has occurred involves determining if confusion may occur.

Arcona initiated the lawsuit, claiming that by using the trademarked term EYE DEW, Farmacy Beauty infringed on its intellectual property. However, the court ruled that this was unlikely. Although Farmacy Beauty used the same term, its packaging and branding were sufficiently distinctive. Essentially, the court could not see how using the term EYE DEW would lead people to think that Farmacy’s products were actually made by Arcona.

In this case, the Ninth Circuit Court specified that Arcona’s products using the EYE DEW terminology are in tall, thin packages. Meanwhile, Farmacy’s come in short, wide jars. The Court found little to compel it to believe that a reasonable consumer would be confused. What’s more, Farmacy’s branding didn’t seem to be trying to deceive consumers.

Intent, it seems, is an important consideration in these cases. This case goes to show that anyone who is accused of stealing intellectual property can benefit from legal representation. Retaining an experienced intellectual property attorney can make all the difference in these cases.