Trademark counterfeiting is a serious white-collar crime that can damage you for the rest of your life. It covers a number of activities with penalties that are based on a number of different factors. Essentially, this crime exists to restrict activities such as mislabeling goods, usually (but not always) in order to sell them for more than they are worth. However, the specifics of your case will determine how you are charged.
Call 440-471-7784 today to get in touch with our experienced Cleveland counterfeiting lawyers at Patituce & Associates, LLC.
What Is Trademark Counterfeiting?
Ohio’s trademark counterfeiting statute applies broadly to acts that fraudulently represent a good or service under a counterfeit mark, logo, name, or other identifying information that the defendant is not legally authorized to use.
Specifically, the following conduct is prohibited when it is performed knowingly.
- Attach, affix, or otherwise use a counterfeit mark in connection with the manufacture of goods or services—even when they’re not intended for sale
- Possess, sell, or offer for sale tools, machines, instruments, materials, articles, or items of personal property knowing that they are designed for the production or reproduction of counterfeit marks
- Purchase or acquire goods knowing that a counterfeit mark is attached, with the intent to sell or transfer
- Sell, offer for sale, or otherwise dispose of goods knowing a counterfeit mark is attached to the goods
- Sell, offer for sale, or provide services with the knowledge that a counterfeit mark is used in connection with the sale, offer, or other provision of services.
If you’ve been charged with trademark counterfeiting charges under O.R.C. 2913.34 in Cleveland, you need a strong defense team who can shield you from the worst that the criminal justice system has to offer.
How You Are Charged Depends on the Specifics of Your Case
Possessing, selling, or offering for sale instruments with counterfeit marks is a first-degree misdemeanor, as is knowingly purchasing such goods, or selling or offering to sell such goods or services, with a maximum sentence of six months. The penalties can be bumped up to a felony depending on the monetary value involved, meaning you could serve as long as a year in jail.
For the manufacture of counterfeit marks, or affixing them to an instrument, you’ll be charged with at least a fifth-degree felony (up to one year in jail) with the possibility of it being charged as a fourth or third-degree felony depending on the money involved.
Not only can you go to jail for as long as five years at the third-degree level, but you’ll have to deal with a felony record when you’re released.