Copyright or trademark owners or their exclusive licensees should be the most knowledgeable of their own merchandise details regarding manufacturing and marketing. Besides, each genuine product may incorporate various hidden distinguishing methods, such as material, security labels and even unique symbols.

Given such relevant expertise, the owners and licensees would have the ability to distinguish the authenticity of the merchandise. Hence, the examination report provided by the plaintiff, which interpreted how to distinguish the authenticity of the seized merchandise, can be used as evidence at court. Moreover, after comparing the merchandise with the annexed color photos in the examine report provided by the plaintiff, there are obvious variations regarding color saturation and quality. Therefore, the plaintiff’s claims that the defendant manufactured counterfeits are valid. The defendant’s arguments are unacceptable.

Examination Report, Judgments on Real and Counterfeit Merchandise