What is the difference between a counterfeit and a knockoff?

The terms “knockoffs” and “counterfeit” often are used interchangeably, but they are not the same things.

Counterfeit products are designed to resemble authentic products. Visually, counterfeit goods may look almost identical to the original authentic products, but often are made from low-quality materials. Counterfeit goods involve the unauthorized use of the intellectual property of a brand owner by using the brand owner’s trademarks to deceive consumers into believing they have purchased a genuine product. 

On the other hand, a knockoff can resemble a branded, authentic product, but generally will not be identical to it. Knockoff products do not contain identical trademarks or logos of the original product. For example, knockoff items may have misspellings of the brand name on the product and consumers may understand that they are not buying an authentic product.

Example 1: A counterfeit Rolex visually mimics an authentic Rolex, as it has a brand name and logo on the product. A knockoff Rolex has a nearly identical design, but doesn’t have a trademark or logo on the product. 

Authentic Rolex	Counterfeit Rolex	Knockoff Rolex

Official Product Link: https://www.rolex.com/watches/submariner/m126610lv-0002.html

Example 2: Misspelled branded products. COCO CHANEL spelled as GOGO CHENALE

Authentic COCO CHANEL	Knockoff CHANEL (misspelled)

Official Product Link: https://www.chanel.com/us/fragrance/women/c/7x1x1/

Example 3: Knockoff Nike shoe mimics authentic Nike shoe design; it also uses a logo that is similar to a Nike swoosh, but a court may not see it as identical.

Authentic Nike	Knockoff Nike

Official Product Link: https://www.nike.com/t/air-max-270-mens-shoe-qVk0Vw/CV7544-600

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The information provided on this Website is for informational purposes only and does not, and is not intended to, constitute legal advice on any subject matter. Should you require assistance related to the subject matter or information on this Website, you should contact an attorney for legal advice.