This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, and is therefore a logical legislative step.
Brian J. Kearney,
The Trademark Counterfeiting Act of 1984: a Sensible Legislative Response to the Ills of Commercial Counterfeiting,
14 Fordham Urb. L.J. 115
Available at: http://ir.lawnet.fordham.edu/ulj/vol14/iss1/2