Copyright counterfeiting may often be overlooked as another form of copyright infringement. In many instances, the original good that was counterfeited will have a copyright and therefore the unauthorized act of copying a copyrighted work constitutes an act of infringement. Because the defendant, in cases of counterfeit, is intentionally copying the plaintiff’s goods, courts have considered such counterfeiting to be acts of willful infringement.

Counterfeiting might even lead a court to award the maximum amount of statutory damages authorized under the Copyright Act. See e.g., Montblanc-Simplo GmbH v. Ilnitskiy, 2018 U.S. Dist. LEXIS 25146 at *21-22 (E.D. Va. 2018).

The maximum statutory damages is $150,000 per work infringed.

See our post Copyright Infringement Damages for a broader discussion of damages available where copyright infringement has occurred.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

What are Copyright Counterfeiting Damages?

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