Cleveland Counterfeiting Attorney
Defense Against Charges of Trademark Counterfeiting (O.R.C. 2913.34)
Trademark counterfeiting is a serious 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. 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 that can shield you from the worst that the criminal justice system has to offer.
If you’ve been charged with counterfeiting, contact a Cleveland counterfeiting lawyer today.
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.
Patituce & Associates, LLC can help you. If you need assistance with trademark counterfeiting charges, call (440) 771-1175 for a free consultation with an experienced Cleveland counterfeiting defense lawyer.
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