It's an excellent question, and I would say no. The rights holders are able to identify whether an item is counterfeit. That's why, after an item is seized, the rights holder will be contacted and receive confirmation, whether it be by some form of affidavit, as it's currently done, or with a will-say statement, containing one to two reasons why the item is counterfeit.
With respect to small businesses, the way the legislation is drafted right now, when actions are issued in Canada, there's a federal court database of the legal proceedings that are taken by rights holders against counterfeiters selling counterfeit in our country. They're not after small businesses. The actions issued in our country are against recidivist infringers, and right now the penalties on these businesses are a slap on the wrist. The judgment and damage awards are very low. Oftentimes the costs, the legal fees of proceeding with litigation, outweigh the monetary amount of the judgment. That's what's happening. So I'm not worried.
Right now there's no element of knowledge. The fact that a counterfeiter, big or small business, didn't know the item was counterfeit is not an element that needs to be proven by the trademark owner.