Journal Article

<i>US v Diallo</i>: how to ‘use’ when counterfeiting

Peter Jabaly

in Journal of Intellectual Property Law & Practice

Volume 5, issue 3, pages 145-147
Published in print March 2010 | ISSN: 1747-1532
Published online January 2010 | e-ISSN: 1747-1540 | DOI: https://dx.doi.org/10.1093/jiplp/jpp206
US v Diallo: how to ‘use’ when counterfeiting

Show Summary Details

Preview

In a case that attempts to extrapolate the meaning of ‘use’ used in an anti-counterfeiting statute, the Third Circuit decided that ‘to use’ counterfeit goods as contemplated by the Pennsylvania statute simply required the defendant to place the good in the ‘stream of commerce’. In other words, a sales transaction is not necessary to complete the criminal act. This decision broadens the scope of behaviour deemed criminal in counterfeiting and more strenuously protects the IP rights of trademark-holders. U.S. v Diallo, 575 F.3d 252 (3rd Cir. 2009).

Journal Article.  1147 words. 

Subjects: Arbitration ; Intellectual Property Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.