Is there a fine for selling counterfeit goods?

Attorney answers (5)

1. Licensed in NY

   

   Jay K Goldberg

   New York Criminal Defense Attorney

   Contributor Level 16

   5

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   Answered January 29, 2013 06:51. It is a crime and can be charged as a misdemeanor or felony depending on the value of the goods.

   I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau... moreI have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366; www.goldbergandallen.com less

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2. Licensed in NY

   

   Luca Melchionna

   New York International Law Attorney

   Contributor Level 15

   4

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   Answered January 29, 2013 06:01. There is pending legislation in New York City Council that would make buying counterfeited goods in NY a crime (fine plus jail). Best

   This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given... moreThis reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. less

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3. 

   James Juo

   Los Angeles Intellectual Property Law Attorney

   Contributor Level 16

   5

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   Answered January 29, 2013 10:11. In a civil lawsuit for trademark counterfeiting, the plaintiff has the option of electing actual damages or statutory damages (which can be not less than $1,000 or more than $200,000 per counterfeit mark for each type of good sold or offered for sale) See 15 U.S.C. 1117(c). One reason for allowing a plaintiff to recover statutory damages is that the records of defendant counterfeiters were often poor or nonexistent, thus making proof of the counterfeiter’s profits impossible as a practical matter.
   
   Under the federal criminal statute, 18 U.S.C. 2320, knowingly trafficking in counterfeit goods is subject to a maximum penalty of $2,000,000 for an individual, or a maximum fine of $5,000,000 against a corporation. The statute also an individual may be imprisoned for up to ten years if convicted.

   This answer is for informational purposes only. It is not intended as specific legal advice regarding your... moreThis answer is for informational purposes only. It is not intended as specific legal advice regarding your question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship. less

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4. 

   Bruce E. BurdickPro

   Alton Trademark Infringement Attorney

   Contributor Level 19

   

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   Answered January 29, 2013 13:26. 18 USC 2320 read it and see. How does $2,000,000 and 10 years in jail sound to you?
   
   OK, confiscation of your goods, paying everyone else's attorney fees, injunction against doing business in such goods, and on and on.
   
   Oh yeah, Google Victoria Espinel and see if you think this has Government's attention. Hint: she works in the White House.
   
   If you still have an interest in this line of work, see an IP attorney who will refer you to a criminal defense attorney when you get arrested or a bankruptcy attorney if you don't get arrested.

   I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... moreI am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction. less

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5. Licensed in NY

   

   Joseph Lo Piccolo

   Garden City Criminal Defense Attorney

   Contributor Level 20

   3

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   Answered January 29, 2013 05:40. Need more info. Is this in the contect of an arrest or is it in a civil proceeding?
   
   
   
   Joseph A. Lo Piccolo, Esq.
   Immediate Past President, Criminal Courts Bar Association 11'-12'
   Hession Bekoff & Lo Piccolo
   1103 Stewart Ave, Suite 200
   Garden City, NY 11530
   516-408-3666 (o) / 516-408-3833 (f)
   Jlopiccolo@hbclaw.net

   I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... moreI am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed. less

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