new york penal law 165 71 trademark counterfeiting in the third

Uh oh, were you or someone you care about charged with trademark counterfeiting in the third degree under New York Penal Law 165.71? Yeah, I’ve been there. Getting busted for counterfeiting feels scary and overwhelming. But don’t panic! This article will explain the law, penalties, and defenses so you understand your options.

What is Trademark Counterfeiting in New York?

Trademark counterfeiting basically means knowingly manufacturing, selling or distributing goods using a fake, counterfeit trademark without permission[1]. It violates both criminal law and trademark rights. There are several counterfeiting offenses under NY law. Third degree is the lowest level.

What Does NY Penal Law 165.71 Trademark Counterfeiting 3rd Degree Mean?

To be guilty of third degree trademark counterfeiting, the prosecutor must prove[2]:

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Legal Scenario: What Would You Do?

Scenario

You've been running a small booth at a flea market in Queens, selling designer-brand handbags and sunglasses that you purchased from a wholesale supplier overseas. Last weekend, undercover investigators from the NYPD's Trademark Counterfeiting Unit seized your entire inventory and charged you with trademark counterfeiting in the third degree under New York Penal Law 165.71.

What exactly does a third-degree trademark counterfeiting charge mean for me, and is there any way to fight this?

Attorney's Answer

Under New York Penal Law 165.71, trademark counterfeiting in the third degree is a class A misdemeanor, which means you face up to one year in jail and fines up to $1,000 — though penalties can escalate quickly if the value of the goods exceeds certain thresholds, bumping the charge to a second- or first-degree felony. One of the strongest defenses we pursue in these cases is challenging whether the prosecution can prove you actually knew the items bore counterfeit trademarks, since the statute requires that you intentionally manufactured, distributed, or sold goods bearing a spurious trademark. We also scrutinize how the investigation was conducted, including whether the seizure of your merchandise complied with Fourth Amendment protections against unreasonable search and seizure. With the right strategy, we may be able to negotiate a reduction to a lesser charge, secure an adjournment in contemplation of dismissal, or challenge the case at trial.

This is general information only. Contact us for advice specific to your situation.

• You manufactured, distributed, sold or offered goods for sale
• The goods used a counterfeit trademark
• You acted with intent to deceive or defraud others

It involves trafficking goods knowing the trademark is counterfeit. This is a Class A misdemeanor under New York law.

What Are the Penalties for Trademark Counterfeiting in NY?