Since everyone on this forum owns Chinese products, a substantial majority of which are the direct or indirect result of IP theft in whole or part, we all own "counterfeit" products, like it or not. Anybody still got a few Napster rips on an old CD someplace? Anybody DVR a baseball game without the express written permission of MLB? Anybody "borrowed" their cousin's Netflix password? I think I'll climb down off this high horse now.....
That's a bit of an overreaching argument/justification. Not everything which borrows design cues from another trademarked/copyrighted product is a true counterfeit. A counterfeit product is something that is attempting to pass itself off as the real thing, no matter how badly it's produced. It is often exact in every way possible including dimensions, size, logo placement, and other minute details, or is close enough that it can cause 'confusion in the marketplace' and possesses the trademarked logos/brand marks. Fake Rolexes which use the full-on Rolex logo and designs, regardless of model or the movement inside, are the typical examples. Even if they have a quartz movement on the inside, if they LOOK like the real thing with the logos, etc... those are counterfeits. A Chinese-made watch from another brand that looks like a Submariner or other popular Rolex design but doesn't have the Rolex logo isn't a counterfeit, because it isn't trying to pass itself off as a true Rolex. They often have very small differences in case design, thickness, and other aesthetic aspects which do not subject themselves to copyright/trademark infringement - including a very clear different logo and brand name on the dial front, or even engraved on the side of the case or case back. I also reference legit companies like Japanese-made Seiko and Timex, who produce watches that from a distance look like Rolexes in terms of design cues.... but they aren't counterfeit. Same for other Swiss watch makers like Squale, Steinhart, etc who produce Submariner-like watches that aren't in violation of Rolex's full on intellectual property. If Rolex were concerned about Timex and Seiko, etc., they certainly would make it known.
In short, calling everything counterfeit that borrows a design cue from another product is incorrect - even per the letter of the (complicated) law.
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When is a Product Considered "Counterfeit?"
The term counterfeit is defined in Section 45 of the Lanham Act (
15 U.S.C. Section 1127). Under Section 45, an item is considered counterfeit if it contains "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark."
Sellers of counterfeit goods seek to pass off their goods as products of the registered trademark owner. A "fake Rolex" is a classic example. Beyond simply creating a likelihood of confusion in the marketplace (which is the standard for establishing a claim for trademark infringement), counterfeiting goes further by seeking to trick consumers into unknowingly purchasing inauthentic items.
A key element of the Lanham Act's definition of counterfeiting is its reference to "a registered mark." In order to pursue a claim for counterfeiting, a trademark owner must have registered the mark at issue with the U.S. Patent and Trademark Office (USPTO). While owners of unregistered marks may still be able to enforce their exclusive rights through infringement litigation, the ability to pursue a counterfeiting claim provides access to additional legal remedies."
Finally - DVR'ing a sports broadcast is your legal right since the TV/cable provider you pay for your service through has cleared the rights for the broadcast to you as the individual account holder. Where you are in violation is if you rebroadcast that yourself and charge for other people to watch it without requesting consent and paying your own licensing/broadcast fee. That's a false equivalency, as is the 'borrowing' of a Netflix password, which is policed now by IP verification.