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Is there a fine for selling counterfeit goods?

New York, NY |

Does the seller only have to forfeit the earnings from the counterfeited goods or are there harsher penalties?

Attorney Answers 5

Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

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 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.

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Posted

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 Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366; www.goldbergandallen.com

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Bruce E. Burdick

Bruce E. Burdick

Posted

Yes, much, much harsher. See 18 USC 2320 , 15 USC 1114 and 17 USC 501. Don't even think about it without first seeing an IP attorney. If you persist you will be visiting a bankruptcy attorney and perhaps a criminal defense attorney will visit your jail cell.

Posted

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 question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship.

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Bruce E. Burdick

Bruce E. Burdick

Posted

Sounds like this is a criminal defense question or bankruptcy law question. LOL

Posted

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 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.

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Asker

Posted

I don't. I just bought a fake item on ebay and it did not get shipped out. Nike found out. I want her to pay because she knew they were fake (I have pretty good evidence) and my super bowl weekend is ruined!

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