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Counterfeit is different than generic: it was explicitly defined in Section 202 of SOPA as "falsely representing the source, manufacturer or distributor." As I
by meanguy 15y ago
Counterfeit is different than generic: it was explicitly defined in Section 202 of SOPA as "falsely representing the source, manufacturer or distributor." As I wrote in a previous essay "You can still buy your overseas boner pills; they're just less likely to say Viagra on them."
The USDA can identify the source of bad pork; the FDA similarly needs to investigate bad batches of medicine.
- finnw 15y agoInteresting - that means if I manufacture & package my own pills, with my own logo, but print "contains Sildenafil" on the box when it doesn't, that does not qualify as counterfeiting?
- meanguy 15y agoIn that case, you'd likely be charged under a fraud statute (misrepresenting a product) versus counterfeiting (misrepresenting the source of a product). Selling a sugar pill isn't a trademark violation. Stamping Viagra on it is.