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There is a recent case out reminding us that even selling counterfeit goods unknowingly and when it is difficult to detect creates trademark infringement liability. The case deals with counterfeit cigarettes, but pretty much extends to any goods sold, even online sales. Let me know if you would like a copy of the case.
The Court has very little sympathy for the store selling the counterfeit cigarettes and says, "We appreciate, of course, that the law can create real-world difficulties for an infringer in Grand Foods’ position, for the more expert and sophisticated a counterfeiting operation may be, the more difficult it becomes to avoid infringement. But there is more than one answer to that concern. For one thing, the entry of an injunction properly places the burden of due care on the right shoulders: Retailers can police their purchases of goods, whether by watching for differences that mark the counterfeit goods (in this case the known differences in foil color, alignment of the cellophane tear tab and clarity of printing) or by switching to new wholesalers or by pressuring its present wholesalers to check their own sources more rigorously or by regarding any material cost savings with suspicion as possible indicia of a counterfeit knockoff."
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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com