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9 While the TCA was pending in Congress, the topic of “counterfeiting” and the proposed legislation were the subjects of commentary in the trademark field. [...] 113 TMR proving” counterfeiting.15 Other courts have reached similar conclusions, evaluating not only the similarity of the parties’ marks, but also the similarity in the appearance of the parties’ products and/or their packaging.16 This article reviews the special remedies for counterfeiting added to the Lanham Act in 1984 and 1996 and the current state of the case law relating to the availabilit. [...] In a recent decision, the Supreme Court resolved this circuit split, rejecting an interpretation of the Lanham Act that required willfulness as a pre-requisite to the recovery of profits in Lanham Act cases and finding that the language of the Lanham Act provided no support for such a requirement.18 In this article, we begin by providing some background regarding the meaning of “counterfeiting,” i. [...] In the authors’ view, the language and organization of the statute—which provides that in proven cases of infringement that involve the use of counterfeit marks certain additional remedies are available—suggests that it is the latter. [...] about the legislative history of” the TCA.24 In the Joint Statement, the sponsors of the TCA noted that the “Senate bill was drafted to prohibit ‘trafficking in counterfeit goods or services,’ while the House bill barred ‘use of a counterfeit mark’ in connection with goods or services.”25 The sponsors of the TCA noted that “the conduct regulated by the Lanham Act relates to ‘marks’ rather than ‘go.