Louis who: counterfeiting or infringement?

Across our global offices, a question that we often receive from IP counsel is whether goods merely “infringe an IP right” or if they qualify in addition as “counterfeit goods”. To the ordinary consumer, counterfeit goods are simply perceived to be “fake” goods because they look similar or identical to an established branded product but are not the genuine products of the brand owner. From a legal perspective, however, the issue is not always clear.