Trademark counterfeiting in the second degree is a class E felony in NY; it can come with substantial fines and prison sentences. Since there are serious consequences associated with this crime, it is important to hire a criminal defense attorney as soon as you have been accused of trademark counterfeiting.
NY Trademark Counterfeiting Laws
New York’s penal code 165.72 describes trademark counterfeiting in the second degree as the intent to defraud or deceive someone with intent to evade the legal restriction on the sale or resale of goods. Counterfeited goods can be manufactured by the defendant, distributed, sold, or offered by the accused. A counterfeited product bears a counterfeit trademark, or a counterfeit trademark is affixed to goods with the purpose to defraud. To be charged with this crime, the counterfeited goods must appear to originate from a legitimate source and exceed more than $1,000.
The Trademark Counterfeiting Act of 1984
In many instances, trademark counterfeiting crosses state and international borders. When this applies to a defendant’s situation, it can become a federal crime. New York state, like many other states in the US, have laws enacted to criminalize this activity, but the power to punish counterfeiters is controlled by the United States Congress under the Trademark Counterfeiting Act of 1984.
Under this act, trademark counterfeiting is a federal offense because it violates the Lanham Act, also commonly referred to as the Trademark Act. The Lanham Act established in 1946 and prohibits many fraudulent activities including false advertising, trademark dilution, and trademark infringement.
If found guilty of Trademark Counterfeiting in NY, a defendantcould face felony charges, five years in prison, and a fine of $250,000. If a corporation hasbeen involved in trademark counterfeiting and selling or attempting to sell counterfeit goods, the penalty can be increased to $1,000,000. The act also details specific language that increases these penalties substantially for the second or subsequent convictions of this nature.
Charged with Trademark Counterfeiting in New York
A criminal defense attorney may be able to create a case for a client using the Lanham Act. According to this act, the exclusiveness of the trademark owner’s rights can be contested. If the owner has committed fraud or abandoned the trademark, an attorney may be able to argue that the trademark was not counterfeited. Other defenses that may be available include prior registration and use or an anti-trust defense.
Defense Attorney in New York
If you were accused of trademark counterfeiting in NY, it is important to consult with a criminal defense attorney as soon as possible. An attorney will assess your situation, review the details of the charges against you, and look for a viable defense. With a lawyer on your side, you can hope for a positive outcome and move on with your affairs.
Contact The Law Office of Stephan Jacob Siegel, Esq. Today!
The Law Office of Stephan Jacob Siegel, Esq. is a New York-based criminal defense attorney. Mr. Siegel has appeared in New York trial courts over 1200 times in 30 years and will work diligently with you to create the best defense for your situation. Contact him today to get started on your case.