Criminal Infringement Law and Legal Definition

Criminal infringement refers to a statutory criminal offense of either willfully infringing a copyright to obtain a commercial advantage or financial gain. It also means trafficking in goods or services that bear a counterfeit mark. Criminal infringement occurs if the counterfeit mark is:

1.identical with, or substantially indistinguishable from a registered mark;

2.likely to confuse or deceive the public.

In United States v. LaMacchia, 871 F. Supp. 535 (D. Mass. 1994), it was held that the mens rea for criminal infringement is that a defendant infringed willfully and for purpose of commercial advantage or private financial gain.