Counterfeit goods may also be termed "fakes," "knock-offs," or "replicas."
(1) the term "counterfeit mark" means a mark that is:
(i) used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature;
(ii) identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;
(iii) applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and
(iv) likely to cause confusion, to cause mistake, or to deceive.
For an overview of the important issues, watch the following video:
"Forgery is the process of making or adapting documents with the intention to deceive." Forgery may be involved in the sale of counterfeit goods where false documents of origin or authentication are produced with the counterfeit goods.
“Copyrights are the rights given to authors of creative works, such as movies, music, software, and written work.” Copyright infringement “is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner’s exclusive rights, such as the right to reproduce or perform the copyrighted works.” Artistic designs found on counterfeited goods, for example, may be the subject of copyright protection, whereby counterfeit goods that reproduce such designs would constitute copyright infringement.
"Trademarks are used by producers to distinguish their products from competing products. They generally create expectations with respect to the quality and characteristics of the products concerned, and therefore serve as an important informational tool that consumers use to evaluate different products. Improper use of a trademark compromises or destroys its value to producers and consumers."
18 U.S.C. § 2320 (2006), available at http://www4.law.cornell.edu/uscode/18/2320.html.
Copynot International Infringement & Piracy Watch, www.copynot.com (last visited Mar. 11, 2010).
Organisation for Econ. Co-Operation & Dev., The Economic Impact of Counterfeiting and Piracy 10 (2007), http://www.oecd.org/dataoecd/13/12/38707619.pdf.