“Counterfeit”
AI Assist
Summary
Causing one thing to resemble another with the intent to deceive, or while knowing deception is likely, counts as counterfeiting. The imitation need not be exact; a resemblance that could mislead is enough. If the resemblance could deceive, the law presumes intent or knowledge unless the person proves otherwise, so the act is treated as counterfeiting.
Example
Priya sticks labels that look like a well-known soap brand onto cheap soap bars to sell them as the brand. Because the packaging could mislead a buyer, her conduct is treated as counterfeiting and the law will presume she intended or knew deception was likely unless she proves otherwise.
Bare Act
Enacted textA person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.
Explanations
(1) It is not essential to counterfeiting that the imitation should be exact.
(2) When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.
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