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Federal Court of Appeals in La Plata Confirms that Consumer Deception Is Not an Element in the Crime of Trademark Counterfeiting

In case file FLP 92482/2018/CA1, federal authorities charged the members of an apparel and footwear manufacturing organization on counts of trademark counterfeiting and selling counterfeit goods.

August 19, 2022
Federal Court of Appeals in La Plata Confirms that Consumer Deception Is Not an Element in the Crime of Trademark Counterfeiting

The Defense appealed the charges, arguing that the products in question were obvious fakes and therefor posed no risk of consumer confusion.

The Federal Court of Appeals in La Plata confirmed the decision, highlighting that consumer deceit not a requisite element in the different typed of trademark counterfeiting contemplated in Trademarks Law No 22362.

This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.