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Last Updated on: 19th October 2023, 08:02 pm
With the increase of purchases through the internet, trademark counterfeit goods are estimated to account for 3.3% of all global commerce. For many people, visiting New York has been synonymous with getting a counterfeit bag from Canal Street in Chinatown. Although it is not a crime to purchase counterfeit goods, it is a crime to manufacture, sell or re-sell goods that bear counterfeit trademarks. New York has three different Trademark Counterfeit charges. Specifically, these charges are:
The difference in these New York Counterfeiting charges is explained below.
The least serious of the New York Trademark Counterfeiting charges is New York Trademark Counterfeiting in the Third Degree. Under New York Penal Law Section 165.71, a person is guilty of Trademark Counterfeiting in the Third Degree when:
This New York Counterfeiting charge is a Class “A” Misdemeanor. As such, it is punishable by up to 1 year in prison. Importantly, the following sentences are possible for Trademark Counterfeiting in the Third Degree:
Under New York Penal Law Section 165.72, a person is guilty of Counterfeiting in the Second Degree when:
Trademark Counterfeiting in the Second Degree is a Class “E” Non-violent Felony. As such, this New York Trademark Counterfeiting charge is punishable by up to 1 1/3 to 4 years in prison. However, the following are potential sentences for this charge:
New York Trademark Counterfeiting in the First Degree is the most serious of New York Counterfeiting charges. The elements of this charge are:
New York Trademark Counterfeiting in the First Degree is a Class “C” Non-Violent Felony. This charge is punishable by up to 5 to 15 years in prison. However, these are also possible sentences:
New York has strict laws against the manufacture, distribution and sale of counterfeit goods. There are three degrees of trademark counterfeiting charges, with penalties ranging from 1 year to 15 years in prison. Police have broad authority to seize counterfeit merchandise. However, experienced criminal defense counsel can raise viable defenses and negotiate reduced charges in many cases. With billions of dollars of counterfeit goods still flooding New York markets, these issues will continue to make headlines.
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