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Commercial Counterfeiting and the Proposed Trademark Counterfeiting Act

NCJ Number
86546
Journal
American Criminal Law Review Volume: 20 Issue: 2 Dated: (Fall 1982) Pages: 145-225
Author(s)
J S Rakoff; I B Wolff
Date Published
1982
Length
81 pages
Annotation
Commercial counterfeiting is a problem which robs consumers and businesses of billions of dollars annually.
Abstract
In 1879 the Supreme Court held the Trademark Act of 1870, and its criminal amendments, an improper use of Congress' power over patents and copyrights. Subsequently, the commerce power has been used to afford civil remedies, but there are currently no specific federal criminal sanctions in the area. Jed S. Rakoff, a drafter of the proposed Trademark Counterfeiting Act, and Ira B. Wolff, argue that passage of the Act will give prosecutors and civil plaintiffs an effective weapon against commercial counterfeiters. (Publisher abstract)