Understanding the -Dupes-Mindset

• Date: 01 June 2023
• Author: Thad Chaloemtiarana

June 27, 2023PERSPECTIVE

Understanding the “Dupes”

Mindset

Thad Chaloemtiarana

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©2023. Published in Landslide, Vol. 15, No. 4, June/July 2023, by the American

Bar Association. Reproduced with permission. All rights reserved. This

information or any portion thereof may not be copied or disseminated in any

form or by any means or stored in an electronic database or retrieval system

without the express written consent of the American Bar Association or the

copyright holder.

Many organizations, including the ABA Section of Intellectual Property Law,

have long been educating the public about the adverse commercial and

societal impacts of For example, the U.S. Patent and

Trademark Oce and National Crime Prevention Council have been raising

awareness about the importance of intellectual property and decreasing

demand for counterfeit products through their “Go for Real”

Similarly, the U.S. Immigration and Customs Enforcement, Homeland Security

Investigations, and National Intellectual Property Rights Coordination Center

have raised awareness about health and safety threats posed by a wide variety

of products, including cosmetics, electronics, and

These eorts, however, may face some headwinds in light of recent and more

permissive consumer attitudes about counterfeit goods.

Having served as trademark counsel for brand owners for over 25 years, I

assumed that there were two general categories of people who tended to

purchase counterfeit products for their personal use. The rst category were

consumers who mistakenly thought that they were purchasing a genuine

counterfeiting. 1

campaign. 2

pharmaceuticals. 3