Designer goods are frequently sold by street vendors or in retail establishments for a significant discount from their usual selling price. Typically, this is a result of the products being fake rather than authentic. Even while the goods may resemble those made with the genuine trademark owner’s consent, they are frequently made with lower-quality materials and have altered trademarks.
A trademark serves as a sign that a certain person or business owns certain property. You need to acquire authorization before using a trademark. If you knowingly manufacture, distribute, sell, or offer for sale goods that bear a counterfeit trademark, you may be charged with trademark counterfeiting in the third degree under New York Penal Law section 165.71. This is because the offense is intended to trick or deceive another person or get around a legal restriction on the distribution of goods.
If you are found guilty of trademark counterfeiting in the third degree, which is a Class A misdemeanor, you might spend up to a year in county jail and be forced to pay a fine. There is a significant probability that the judge will decide to sentence you to a 3-year probation term rather than to prison, especially if this is your first violation.
According to the law, the prosecution must show that you sold or distributed goods while being aware that the trademark was a fake. A defense to a third-degree trademark counterfeiting prosecution may be available if the goods you were selling or distributing actually do carry a bogus trademark but you were unaware of it.
New York Penal Law section 165.71: Trademark Counterfeiting In The Third Degree
When someone manufactures, distributes, sells, or offers for sale goods that bear a counterfeit trademark or possess a trademark knowing it to be counterfeit with the intent to affix it to any goods, they are guilty of trademark counterfeiting in the third degree. They are also guilty of evading a legal restriction on the sale, resale, offering for sale, or distribution of goods.
New York Trademark Counterfeiting In the Third Degree Lawyer
If you have been charged with trademark counterfeiting in the third degree, it is crucial to seek the guidance and representation of an experienced New York criminal defense lawyer.
A skilled trademark counterfeiting defense attorney can help you understand the charges against you, the potential legal consequences, and the options available for your defense. They can investigate the circumstances surrounding your case, gather evidence, and build a strong defense strategy to protect your rights and interests.
The consequences of a trademark counterfeiting conviction can be severe, including fines, imprisonment, and damage to your personal and professional reputation. It is therefore critical to have a seasoned trademark counterfeiting defense lawyer by your side who can help you navigate the complex legal system and fight for the best possible outcome in your case.
In conclusion, if you are facing charges of trademark counterfeiting in the third degree in New York, it is imperative to consult with a knowledgeable criminal defense lawyer as soon as possible. Your lawyer can guide you through the legal process, protect your rights, and work tirelessly to help you achieve the best possible outcome in your case.