Trademark Law | Expert Legal Commentary
October 28, 2009
U.S. v. Diallo: Defining “Use” in the Context of Counterfeiting
United States of America v. Mamadou Diallo
By
Olivier A. Taillieu and Jeffrey J. Zuber of Zuber & Taillieu
The U.S. Court of Appeals for the Third Circuit determined that “use,” in the context of federal trademark laws, does not require active employment of a counterfeit mark by displaying or offering an item bearing the mark for sale. In United States of America v. Mamadou Diallo, 575 F.3d 252 (3rd Cir. 2009), the Third Circuit found that it was reasonable for a jury to determine that Diallo had “used” the counterfeit marks by purchasing items bearing the mark and transporting them for the ultimate purpose of selling them, even though he had not yet actually displayed or sold them.
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About the Authors
Olivier A. Taillieu is a Partner of Zuber & Taillieu, focusing on intellectual property litigation and arbitration.
Jeffrey J. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/silviaantunes
