When you think of product counterfeiters, you probably picture a dingy factory in China where the workers produce knockoffs of designer handbags or fancy athletic shoes. But you probably don’t think of the shipping companies or common carriers that transport the products to the U.S. market.
Until now, those companies have been largely overlooked for their contributing role in trademark infringement and counterfeiting. But a decision last November from the United States District Court, Central District of California, could change that. The Court denied a Rule 12(b)(6) motion to dismiss filed by TNT USA Inc., a common carrier accused of violating the Tariff Act and engaging in contributory trademark infringement under the Lanham Act for the delivery of counterfeit goods.
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