The material to be seized must be described with particularity. A hearing is to be held between 10 to 15 days from the date of the seizure order. Provisions are made for protection of confidential information and trade secrets during the seizure. The penalties for initiating a wrongful seizure order are substantial. Damages are available for lost profits, good will, cost of materials and punitive damages.
Attorneys fees are mandatory, unless extenuating circumstances are shown.
Prejudgment interest is discretionary. 62 Criminal remedies should be kept in mind as law enforcement efforts may help in investigation and prosection. Now that the federal counterfeiting statute is in place, it is not clear that the trend of enacting state anticounterfeiting statutes will continue. State marks are easier to obtain, but form the predicate for geographically limited rights. As a practical matter, it is generally relatively simple to obtain registrations in many states in the United States.