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New York Penal Law 165.71: Trademark counterfeiting in the third degree

The Growing Problem of Counterfeit Goods in New York City

Trademark counterfeiting is a major problem in New York. This is particularly true in New York City. A common site on the streets of the Big Apple is that of vendors hawking designer products. These products are priced well below the actual market price for these items. This is done because the products being sold are violating trademarks. They are counterfeit.

New York Penal Code Protection Against Trademark Counterfeiting

The New York penal code maintains a law that addresses the use of counterfeit trademarks. The objective is to protect the property rights of those individuals and entities that own certain trademarks.

Elements of Trademark Counterfeiting in the Third Degree

Key Legal Requirements for Prosecution

The elements of the crime of trademark counterfeiting in the third degree are simple. A person can be prosecuted for crime of trademark counterfeiting in the third degree if he or she knowingly manufactures, distributes, sells, or offers for sale goods. These goods must bear a counterfeit trademark. A person knowingly needs to understand that a trademark on a product is counterfeit. They make the sale anyway.

Who Can Be Charged Under This Law

The person who purchases a counterfeit piece of property would not face prosecution under this law. Only the person who sole the item can be prosecuted. They must have had knowledge that it was counterfeit. This person can be prosecuted under the trademark counterfeiting in the third degree law.

Example of Trademark Counterfeiting in the Third Degree

Street Vendor Scenario

An example of the crime of trademark counterfeiting in the third degree involves a man who has a cart. This cart is set up on a sidewalk in New York City. On the cart, the man sells purses that bear fake designed logos and trademarks. He markets the purses as being authentic. He does this even though he knows that the trademark on the products are counterfeit or fake.

Hair Salon Example

Another example of the crime of trademark counterfeiting in the third degree involves a woman. She owns a hair salon. In the salon, she sells colognes of different types. This includes high-end designer products. In reality, the designer colognes are counterfeit items. If the owner of the salon was aware of the trademark counterfeiting, she could be prosecuted. She would face charges for trademark counterfeiting in the third degree.

Sentence for Trademark Counterfeiting in the Third Degree

Misdemeanor Classification and Penalties

The crime of trademark counterfeiting in the third degree is classified as a class A misdemeanor. As a result, a person convicted of this crime faces the prospect of a jail term of one year. In the alternative, a person found guilty of this crime could end up sentenced to a term of probation. This probation term would be three years. In addition, a person found guilty of trademark counterfeiting in the third degree can face a fine as well. Both a term of incarceration and fine can be imposed in the same case.

Defenses to Trademark Counterfeiting in the Third Degree

Lack of Knowledge Defense

A possible defense to trademark counterfeiting in the third degree is that the person who sold a fake product was not aware. They were not aware of the counterfeit trademark or logo. A NYC criminal attorney can mount this type of defense. This would be in a case involving a charge of trademark counterfeiting in the third degree.

Not Actually Marketed as Authentic Defense

Another defense would be that the trademark is not counterfeit. For example, if a product looked like a designer product, but was not actually marketed as being authentic, that could be a defense. This defense applies to a trademark counterfeiting in the third degree charge.

Legal Representation for Trademark Counterfeiting Cases

Initial Consultation Process

A criminal defense attorney will schedule an initial consultation with a prospective client. During an initial meeting, legal counsel will provide a evaluation. This evaluation covers a prospective client’s trademark counterfeiting in the third degree case. The evaluation will include an examination of possible defenses in a particular case. As a general rule, a New York criminal attorney does not charge a fee for an initial consultation. This applies in a trademark counterfeiting in the third degree case.

Federal Trademark Counterfeiting Context

It’s important to note that federal trademark counterfeiting laws also exist. These laws can result in more severe penalties. The USPTO anti-counterfeiting campaign works to raise awareness about the dangers of counterfeit goods. Federal penalties can include significant fines and imprisonment for trafficking in counterfeit goods.

Impact on New York Businesses and Consumers

Economic Consequences of Counterfeiting

Trademark counterfeiting affects legitimate businesses throughout New York. The New York State Department of State provides trademark registration services. This helps protect businesses from counterfeiting. Recent enforcement actions, including those by New York State Police, show the ongoing fight against counterfeit goods.

Protecting Your Rights

If you’re facing charges for trademark counterfeiting in the third degree, understanding your rights is crucial. The prosecution must prove you intentionally trafficked in counterfeit goods. They must also prove you knew the marks were counterfeit. Various defenses may be available depending on your specific circumstances.