In this episode, Sarah Fackrell (formerly Burstein), Professor and Co-Director of the Program in Intellectual Property Law at Chicago-Kent College of Law, discusses her article The Counterfeit Sham, which is published in the Harvard Law Review. Fackrell begins by explaining why counterfeiting is uniquely bad and why design patent infringement is different from counterfeiting. She then explains how some design patent plaintiffs are using counterfeit rhetoric to convince judges to give them litigation advantages that might be appropriate for plaintiffs in counterfeiting cases, but not in design patent infringement cases. Fackrell posts on Bluesky here.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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