COURT PROCEDURE

Counterfeiting, Confusing Similarity, and Look-Alikes: The Difference

MAY 2026 · 6 min read

Many trademark owners blur infringement types when describing what is happening to them. But the distinction is not legal luxury — it determines the type of action you file, the penalty the offender deserves, and the damages you can claim.

1. Counterfeiting (Full Imitation)

Reproducing the mark identically on similar goods with intent to mislead consumers into believing it is the genuine product. This is the most explicit form of infringement.

Penalties under Saudi law include fines, imprisonment, and destruction of counterfeit goods. Criminal action is directly available.

2. Confusingly Similar

Using a mark that resembles the original to a degree that misleads the average consumer. Not identical, but close enough to create confusion.

Example: an "Adibas" logo in place of "Adidas," or a color and packaging shape too close to a famous competitor. Assessed against the "average consumer" standard.

3. Look-Alike (Trade Dress)

Using similar visual elements (colors, design, packaging shape) without using the name itself. This form is harder to prove because it does not touch the literal mark.

Usually handled via unfair competition and trade dress doctrines, not via direct infringement action.

The Legal Standard for Distinction

Courts apply the "average attentive consumer" standard. The question: is it likely to confuse?

The judge considers: degree of similarity, nature of the target market, distribution channels, and purchasing context.

Evidence Required for Each Type

Counterfeiting: sample of the counterfeit + original mark certificate + proof of sale location. Simplest evidence.

Confusing similarity: comparison samples + consumer affidavits on actual confusion + expert reports. More complex.

Look-alike: design and visual-element similarity study, possibly requiring a product-design expert.

Penalties and Damages

Criminal fines under Saudi law can reach SAR 1 million for outright counterfeiting. Civil damages are assessed by lost profits and offender profits.

Heaviest sanctions hit counterfeiting; look-alikes usually end in a cease order without heavy criminal penalties.

Summary

Precisely diagnosing the infringement type at case opening saves months of legal work. At Rights we open every case with a diagnostic report classifying the legal type before defining procedure.