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· 6/11/2002

United States v. Jorge Guerra

Citations

  • 293 F.3d 1279
  • 2002 U.S. App. LEXIS 11157
  • 2002 WL 1283405

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “it is irrelevant that [the defendant] did not know the marks were registered in the United States, or thought the marks were only unprotectable Cuban marks”
  • noting that the Counterfeit Trademark Act requires the relevant trademarks to be in actual use at the time of the defendant’s conduct
  • providing that a conspiracy may be proven by circumstantial evidence and inferred from a concert of action
  • stating that “the buyer-seller rule is inapposite to [a] commercial supplier-dealer relationship”
  • “The ‘identical or substantially indistinguishable’ standard [in the counterfeit context] is to be construed more narrowly in a criminal context than in a civil context.”
  • district court erred by instructing jury that trademark registration is prima facie evidence of owner's continued use of mark

Source: CourtListener parenthetical corpus (CC0).

Judges: Black, Roney, Restani

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.