Confusion reigns – Ninth Circuit addresses counterfeiting claims

Description

Abstract: Counterfeiting is a form of trademark infringement, so you might naturally expect that it requires at least the same amount of evidence as an infringement claim to reach trial. One trademark holder, however, recently argued that counterfeiting claims don’t require a showing of a likelihood of consumer confusion. This article examines a recent case from the U.S. Court of Appeals for the Ninth Circuit that set the trademark holder straight. Arcona, Inc. v. Farmacy Beauty, LLC, No. 19-55586 (9th Cir. Oct. 1, 2020)