A counterfeit trademark means a spurious mark or designation (e.g., packaging, labeling) that is identical with, or substantially indistinguishable from, a trademark which is registered in the U.S. Patent and Trademark Office, and is used on goods without the consent of the trademark owner. A counterfeit certification mark is considered a counterfeit trademark. Criminal liability requires that the seller had actual knowledge, or constructive knowledge (reasonably should have known under the circumstances), that the product or its labeling or packaging contained a counterfeit trademark.
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While the retro silhouette is rooted in basketball, the Nike Dunk Low Premium SB ‘Philadelphia Phillies’ shifts the focus to the baseball diamond, featuring a distinctive color palette that pays homage to the historic MLB franchise.
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