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Last Updated on: 1st August 2023, 12:40 am
Let’s dish out the lowdown on Trademark Counterfeiting crimes in New York City. There’s no sugarcoating it – these are big-league offenses. Our very own Todd Spodek, a heavy-hitter at the Spodek Law Group, has been around the block, defending heaps of folks against Trademark Counterfeit charges. He’ll tell you, sure – the times of Canal Street fakes are long gone, but the specter of counterfeiting still looms large.
New York’s Trademark counterfeiting crimes all revolve around one key felony: Third Degree Trademark Counterfeiting, as mentioned in New York Penal Law 165.71. Cops need some solid reasons to cuff someone for this – there needs to be a legitimate suspicion that the person intentionally misled or swindled another person. Furthermore, the person being cuffed needs to have either produced, distributed, sold, or offered to sell items with a bogus trademark, knowing full well the items were fakes.
The line between the class “A” misdemeanor of Third Degree Trademark Counterfeiting, and its evil twins – the Second and First Degree Trademark Counterfeiting felonies, is the retail value of the counterfeited items. It shifts to a class “E” felony of Second Degree Trademark Counterfeiting if the total value is over a grand. If the worth exceeds $100,000, we’re talking a class “C” felony of First Degree Trademark Counterfeiting. Take these retail figures away, and the crimes across degrees are pretty much the same.
The blowback from a Trademark Counterfeiting conviction depends on a lot of things – past crimes, prisoners, etc. For a newbie to the world of crime, the sentence can pitch within a range. A criminal defense lawyer’s first targets are the legality of the search, the basis of the counterfeit claims, and the assertion about the accused’s knowledge of the illegal stock. If the case doesn’t get chucked out, the punishment for the class “A” misdemeanor could go up to a year in county jail. However, if we’re talking about a class “E” felony conviction, you could be looking at up to four years in state prison. Worst case scenario – a conviction for NY PL 165.73, may result in fifteen years behind bars.
Trademarks Counterfeiting convictions in New York leave more than a just smudge on your record; they’re a formidable stumbling block – permanent and career-ending. Doctors, nurses, and NYC employees, in particular, suffer severe consequences. Even if you’ve never seen the inside of a jail cell, or you’re facing a decade and a half in prison, a Trademark Counterfeiting conviction can upend your life. The bottom line – if you’re staring at Trademark Counterfeiting charges, you’re in treacherous waters. It’s crucial to have a top-notch criminal lawyer like Todd Spodek from Spodek Law Group and his crack team of legal eagles. They’ve got the know-how, the drive, and the experience to either put your case to bed or help cushion the blow of your conduct.
< h2> Navigating the Choppy Waters of New York Counterfeiting Charges
With fakes come big problems, whether you’re in New York or Timbuktu. Trademark counterfeit goods rake in a whopping 3.3% of all global trade. Walking away with a knockoff handbag from Canal Street in Chinatown is a fairly popular pastime. Still, though it’s legal to buy these counterfeit goods, manufacturing, selling, or re-selling them? That’s no-no territory. Understanding the degrees of counterfeiting charges, and the consequences of these charges, is essential if you or anyone you know is facing New York counterfeiting charges.
In New York, Trademark Counterfeiting in the Third Degree is the least egregious of counterfeiting charges, dealing with people who, with the intent to mislead or defraud, manufacture, sell, or possess goods bearing counterfeit trademarks. A Class “A” Misdemeanor, it could see you serving up to a year in jail.
Moving a notch up, we have Trademark Counterfeiting in the Second Degree, a more serious charge than the third degree. This applies to people who’ve committed trademark counterfeiting in the third degree and the total value of the counterfeit goods tipping over the $1,000 mark. A Class “E” Non-violent Felony, it’s punishable by 1 1/3 to 4 years in prison.
And, the baddest of them all – Trademark Counterfeiting in the First Degree. It’s brought against those who’ve committed the third-degree crime, with the total value of the counterfeit goods going north of $100,000. A Class “C” Non-Violent Felony, it can land you 5 to 15 years in prison.
People facing trademark counterfeiting charges in New York often have a lot of questions. Let’s try and answer some of them:
A) Can Trademark Counterfeiting lead to a Civil Case or a Criminal Case?
Trademark Counterfeiting could end up as either a civil case or a criminal case. On the civil front, you have the Lanham Act, while on the criminal front, state or federal laws can be the basis for the case.
B) Are Trademark Counterfeiting Cases Prosecuted Under New York State or Federal Law?
Trademark Counterfeiting cases can be prosecuted under both New York State law and Federal law. The Trademark Counterfeiting Act of 1984 made trademark counterfeiting a federal criminal offense.
C) What is the Statute of Limitations on New York Trademark Counterfeiting Cases?
For New York, the statute of limitations on Trademark Counterfeiting cases depends on the severity of the charges. For the first, second and third degrees, it’s 5 years, 5 years, and 2 years, respectively.
D) What happens to the Counterfeit Items That Were Seized?
Seized counterfeit items are usually inspected by a judge, who determines whether there was probable cause to believe that they could be counterfeit. The counterfeit status of the goods, the legality of the search and seizure, and other factors can be examined at this hearing.
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