The answer is yes, in many cases, and no, in many cases.
I keep hearing that counterfeiters can't be caught, and it's true, many of them can't be. We have collected hundreds of thousands of dollars from counterfeiters every year for the past several years, so some of them can be found. The problem is that too many of them can't be found. When you have a criminal who is importing product and gives fake information, the chances are that you're not going to be able to collect your money. If it's someone who has given proper information, then you have the ability to go after them.
But that underscores my answer to your first question. If we have to institute an action and don't even have proper information, then we've instituted an action against a Jane Doe or John Doe or J. Doe company whom we don't know, and we've had to spend all that money for nothing.
In a perfect world, and in any world, I would prefer that the importer, who is the one who ordered the goods, be the one responsible for it, and that in any event they be, under the legislation, the primary person responsible for paying.