Draconian or Just? Adopting the Italian Model of Imposing Administrative Fines on the Purchasers of Counterfeit Goods

Authors

• Amanda Silverman, Benjamin N. Cardozo School of Law

Abstract

The note examines the effectiveness of penalizing consumers for purchasing counterfeit goods, focusing on Italy's approach and its implications for the U.S. It argues that such penalties can deter demand and reduce counterfeiting, aligning with the propertization of trademarks. The analysis highlights enforcement challenges, including proving consumer intent, and suggests using objective criteria like price and seller credibility. The note proposes adopting Italy's model in the U.S. to protect intellectual property and consumer trust, despite potential privacy concerns and enforcement difficulties.

Disciplines

Comparative and Foreign Law | Intellectual Property Law | Law

Recommended Citation

Amanda Silverman, Draconian or Just? Adopting the Italian Model of Imposing Administrative Fines on the Purchasers of Counterfeit Goods, 17 Cardozo J. Int'l & Comp. L. 175 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss1/7