Trademark infringement

The French term contrefaçon de marque is broader than the English word “counterfeiting” suggests — a frequent source of confusion for US readers. It covers two distinct notions:

• Counterfeiting in the US sense: goods or services sold under a mark without the owner’s authorization — typically fake products, copies of the originals that do not come from the trademark owner;
• Classic trademark infringement: using a name or mark that is identical or similar to another mark for identical or similar goods and services, even where there is no identical copying of packaging and no fake products — merely a sign imitating the earlier mark.

So when French counsel writes “contrefaçon,” read it as “infringement” in the broad Lanham Act sense, not necessarily “counterfeiting” under 15 U.S.C. § 1116(d).

Good faith is irrelevant

In civil matters, good faith is indifferent: an infringer is liable even if it acted without knowledge of the earlier mark. This aligns with US strict-liability infringement, but it is worth stressing because civil-law systems often require fault — French trademark law does not (for civil liability).

Where the signs or the goods are not identical, liability turns on a likelihood of confusion. Infringement claims are brought before the Tribunal judiciaire by a writ of summons.

For strategy and remedies in French infringement litigation, see trademark infringement in France. Ongoing surveillance helps catch infringing filings early — see trademark watch.

See also: trademark imitation, statute of limitations.

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