A recent federal appellate court decision concluded that the removal of a product's universal product code (UPC) may constitute a trademark infringement. In Zino Davidoff SA v. CVS Corp., decided this past June, the court supported claims of a high-end distributor of luxury fragrances because "the UPC acts as a quality control mechanism which enables [the trademark owner] to protect the reputation of its trademarks by identifying counterfeits and by protecting against defects."
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