United States v. Petrosian

126 F.3d 1232 (1997)

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United States v. Petrosian

United States Court of Appeals for the Ninth Circuit
126 F.3d 1232 (1997)

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Facts

Vatchagan Petrosian (defendant) and two associates filled Coca-Cola bottles with carbonated beverages that looked like Coca-Cola but were not and sold them to purchasers as genuine Coca-Cola. Petrosian was convicted of violating the Trademark Counterfeiting Act, which prohibited the trafficking of goods knowingly using a counterfeit mark. Petrosian appealed, arguing that the trial court erred by instructing the jury that the term counterfeit mark included genuine trademarks affixed to packaging containing products that were not made by the trademark owner. The government argued that the court’s instructions reflected the proper definition of a spurious mark, which fell within the definition of a counterfeit mark.

Rule of Law

Issue

Holding and Reasoning (Browning, Thompson, Thomas, J.J.)

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