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Federal Judge Takes Aim at Legal Process for Targeting Counterfeit Merchandisers
The rebound in concert tours and ticket revenues as 2022 has unfolded gives the live events industry hope for a strong 2023, too. For many tours, though, it's income from merchandise that makes the tour profitable. Thus, the rise in the number of artists touring also means a parallel resurgence in the activities of counterfeit-merchandise sellers and renewed efforts by the industry to battle its long-time problem with the sale of counterfeit merchandise near event venues.
The Trademark Counterfeiting Act (TCA) of 1984 is a key federal provision for seeking to stem counterfeiting activity, by providing criminal consequences under 18 U.S.C. §2320, treble damages and disgorgement of counterfeiter profits under 15 U.S.C. §1117, and a procedure for trademark owners to obtain orders for ex parte seizures of illicit goods under 15 U.S.C. §1116.
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