context: The Second Circuit has stated that an allegedly counterfeit mark must be compared with the registered mark as it appears on actual merchandise to an average purchaser.
citation_a.signal: see
citation_a.identifier: 718 F.2d 524, 533
citation_a.parenthetical: interpreting the federal customs law that prohibits importation of counterfeit merchandise and tracks the "substantially indistinguishable" definition of counterfeit in 15 U.S.C. SS 1127
citation_a.sentence: See Montres Rolex, S.A. v. Snyder, 718 F.2d 524, 533 (2d Cir.1983) (interpreting the federal customs law that prohibits importation of counterfeit merchandise and tracks the “substantially indistinguishable” definition of counterfeit in 15 U.S.C. § 1127); see also GTFM, Inc. v. Solid Clothing Inc., No. 01 Civ. 2629(DLC), 2002 WL 1933729, at *2 (S.D.N.Y. Aug.21, 2002) (“There is nothing in the [Lanham] Act, however, which states that to determine whether a defendant is engaged in counterfeiting, one compares plaintiffs and defendant’s marks in the abstract, without considering how they appear to consumers in the marketplace.”).
citation_b.signal: see also
citation_b.identifier: 2002 WL 1933729, at *2
citation_b.parenthetical: "There is nothing in the [Lanham] Act, however, which states that to determine whether a defendant is engaged in counterfeiting, one compares plaintiffs and defendant's marks in the abstract, without considering how they appear to consumers in the marketplace."
citation_b.sentence: See Montres Rolex, S.A. v. Snyder, 718 F.2d 524, 533 (2d Cir.1983) (interpreting the federal customs law that prohibits importation of counterfeit merchandise and tracks the “substantially indistinguishable” definition of counterfeit in 15 U.S.C. § 1127); see also GTFM, Inc. v. Solid Clothing Inc., No. 01 Civ. 2629(DLC), 2002 WL 1933729, at *2 (S.D.N.Y. Aug.21, 2002) (“There is nothing in the [Lanham] Act, however, which states that to determine whether a defendant is engaged in counterfeiting, one compares plaintiffs and defendant’s marks in the abstract, without considering how they appear to consumers in the marketplace.”).