attorney who hamdles counterfeit items sold onlime

Are You facing criminal charges for selling counterfeit goods?

Jan 25, 2019 · Counterfeit products sold online often don't comply with CPSC guidelines. The CPSC can sue people who manufacture for sale, sell, distribute, or import these products, seeking civil penalties up to $1,250,000. If a vendor knows their product violates the Act but sells or distributes it anyway, they could be subject to criminal penalties ...

How can a criminal defense attorney help me with counterfeit?

For second offenses, offenses that cause serious bodily injury, and offenses of counterfeit drugs, military services, or military goods, 20 years is the maximum term of imprisonment. $5,000,000 is the maximum fine of imprisonment. For counterfeiting that results in the death of another person, Life imprisonment is the maximum term of imprisonment.

Is it still counterfeiting if it's not from the real source?

Counterfeit products—sometimes called “knockoffs”—are purposely manufactured and sold as an imitation of a brand-name product. These fakes usually fall into one of the following categories: clothing and accessories, such as watches, jewelry, shoes, handbags and wallets. electronics, including computers and accessories.

What are counterfeit products?

Mar 06, 2018 · Many eBay sellers believe that eBay could be doing a better job of removing infringing items and counterfeit goods from their website. Here are two lawsuits brought against eBay that shed some light on the “safe harbor” protections afforded to online service providers like eBay. Hendrickson v. Ebay, Inc., 165 F. Supp. 2d 1082 (C.D. Cal. 2001)

How do I report a counterfeit product sold?

If you suspect that someone is producing or selling counterfeit goods, you can submit a report online to the National Intellectual Property Rights Coordination Center. Other federal agencies that investigate reports of counterfeit goods include: The U.S. Consumer Product Safety Commission.

How do I report a website for selling fake goods?

Report Problemsthe Federal Trade Commission at ReportFraud.ftc.gov.your state attorney general.your state's consumer protection agency.

Can you get sued for selling fake brand items?

You can sue a store if they sell you a counterfeit product, or if they are offering a counterfeit of a product you manufacture or distribute, but otherwise you would likely lack standing for such a lawsuit.

Who investigates counterfeit?

The Federal Bureau of Investigation (FBI)The Federal Bureau of Investigation (FBI) investigates criminal counterfeiting, piracy, and other federal crimes.Jul 22, 2016

Who do I report counterfeit goods to?

Report Counterfeit or Pirated GoodsReport Counterfeit or Pirated Goods. If you feel that you have been the victim of an intellectual property crime, you can report the crime by clicking on the button to the left, calling the IPR Center at 1-866-IPR-2060, or contacting a field office of the FBI.Jul 7, 2016

Is selling fake items illegal?

In the U.S., it's illegal for a person to sell counterfeit merchandise. Both state and federal laws prohibit this type of conduct. If you knowingly sell or intend to sell a fake item, you could be sentenced to years in prison and/or be ordered to pay steep fines.Mar 31, 2020

Is it illegal to sell replicas online?

Second, a seller can be prosecuted under the Trademark Counterfeiting Act of 1984. The Act makes it illegal for individuals to knowingly use a counterfeit trademark to sell goods or services.Jan 25, 2019

What happens if you get caught selling replicas?

So a wholesaler-distributor who knowingly sells counterfeit products has a lot to lose under the Federal law: Imprisonment – Up to 10 years for the first offense and up to 20 years for a repeat offender. An offender who knowingly or recklessly causes death as a result of an unlawful sale faces up to life in prison.

How do I report someone selling counterfeit goods on Facebook?

To report Counterfeit, fill in the Counterfeit Report Form as below:Select the appropriate form of content which infringes your trademark.Paste the links in, as many as you've found.Provide additional information that relates to your report. ... Sign the electronic signature by typing your full name.

How do you fight counterfeit products?

8 Ways to Fight Counterfeit Sales OnlineGlobal Monitoring. Counterfeiters conduct their illegal business in the global arena. ... Vigilant Watch. ... Dynamic Action. ... Fight On All Fronts. ... Legal Consequences. ... Think Today. ... Inform Your Audience. ... Protect intelligently.Jul 23, 2020

Does the FBI investigate counterfeiting?

Preventing intellectual property theft is a priority of the FBI's criminal investigative program. It specifically focuses on the theft of trade secrets and infringements on products that can impact consumers' health and safety, such as counterfeit aircraft, car, and electronic parts.

How do I complain about fake products?

Inform the Seller about the Fake Product: You must immediately contact customer support of the website through which the purchase was made and mention the product's details and mode of payment. The complaint must have every detail about the date and time of purchase, transaction id, payment Id, Email confirmation, etc.

What is an argument for a counterfeit product?

An argument can be made that you reasonably believed that the product was the original. This argument depends on the facts of each case, such as the quality of the products, and the physical appearance of the counterfeit mark. You were legally allowed to use the trademark.

Which agency is most likely to investigate counterfeiting?

The Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) are the most likely agencies investigating persons suspected of counterfeiting, as these two are the main law enforcement agencies of the federal government.

What is the strongest argument in defense?

You did not intend to defraud anyone. This is the strongest argument in defense. If you did not intend to defraud anyone (i.e. you did not intend to make anyone believe it was real money), then you did not counterfeit the money and you should be found not guilty. You did not know it was a forgery.

What is counterfeiting and forgery?

What are Counterfeiting and Forgery? Counterfeiting and forgery are crimes of deceit where the criminal act involves tricking another person into receiving property that appears from trustworthy source, but is actually an imitation. Like all fraud crimes, they use deceit for personal gain or to harm another person.

What is the crime of forgery?

In that basic hypothetical, you would likely be investigated and later charged with forgery. Like counterfeiting, forgery is a crime of fraud where you intend to deceive another into thinking something is more valuable than it actually is.

What is the punishment for counterfeiting?

The punishment for counterfeiting and forgery most often include an assessment of heavy fines and a term of imprisonment , but sentencing varies with each case’s unique set of facts, the presiding judge, and factors considered under the federal sentencing guidelines, which you can read more about here.

What happens when you refuse to tell her you don't exchanges?

You refuse, telling her you don’t do exchanges. Furious, the person tells law enforcement. After investigating, law enforcement later shows up to your house, arrest you, and you’re charged with federal counterfeiting charges for trafficking counterfeit goods.

What are counterfeit products?

Counterfeit products—sometimes called “knockoffs”—are purposely manufactured and sold as an imitation of a brand-name product. These fakes usually fall into one of the following categories: 1 clothing and accessories, such as watches, jewelry, shoes, handbags and wallets 2 electronics, including computers and accessories 3 movies, music, games and other media, and 4 medications and personal care products.

How to report counterfeit goods?

How to Report Counterfeit Products and Goods. To report counterfeit products and goods, go to the government's StopFakes website or call 866-IPR-2060. To learn more about what the government and businesses are doing to combat counterfeiting, visit www.stopfakes.gov.

What is a knockoff product?

Counterfeit products —sometimes called “knockoffs”—are purposely manufactured and sold as an imitation of a brand-name product. These fakes usually fall into one of the following categories: clothing and accessories, such as watches, jewelry, shoes, handbags and wallets. electronics, including computers and accessories.

What are the penalties for counterfeiting?

Additionally, legal penalties can include up to 15 years of incarceration, a fine of up to $30,000, or both. These penalties can apply even if the seller discloses the counterfeit nature of the products.

What is the importance of intellectual property rights?

The protection of intellectual property rights in all parts of the world, whether by the use of patents, trademarks, or copyrights, is a major concern for businesses. So, various international laws and multilateral agreements, like the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), have been passed to try to alleviate some of the piracy that occurs. In addition, many nations have entered into bilateral agreements to adopt a higher standard of protection.

Is it illegal to buy a fake product?

According to the United States Department of Justice , it’s not illegal to buy a counterfeit product for your personal use—even if you know it’s a fake. Ask yourself whether the product seems unusually cheap. Crooked stitching, low-quality materials, smaller than average dimensions, or blurry patterns can be giveaways.

Is it bad to buy counterfeit goods?

Buying and selling counterfeit goods isn’t without harm. It can cause many problems in the marketplace. Sellers might hope to fool consumers into overpaying for a fake purse, watch, or artwork. Legitimate manufacturers can see their profits decline as fake products eat into their bottom line, or suffer bad publicity when a product bearing their label doesn ’t work properly.

How to contact a copyright lawyer?

copyright, trademark, trade secrets, or trade dress) and are in need of an online copyright infringement lawyer contact us at (877) 276-5084.

Is eBay doing a better job?

Many eBay sellers believe that eBay could be doing a better job of removing infringing items and counterfeit goods from their website. Here are two lawsuits brought against eBay that shed some light on the “safe harbor” protections afforded to online service providers like eBay.

Is it bad faith to file a DMCA?

It is never good to file or serve a false DMCA or Notice of Infringement claim and it could lead to damages for bad faith . Here is one case from the Northern District of California.

What happens if a mark is not registered?

Even if a mark is not registered, an action for unfair competition can be brought to prevent consumer confusion. If the mark is not registered, this may be the most viable cause of action.

What is the Lanham Act?

Section 32 (l) of the Lanham Act specifically prohibits the unauthorized use, sale, offering for sale, distribution, or advertising of counterfeit goods. Most state trademark statutes have analogous sections. Trafficking in counterfeit goods is often described as "trademark infringement in the first degree."

Can a brand name manufacturer paint you as a willful infringer?

The most important fact for you to determine is whether or not the brand holder will be able to paint you as a willful infringer. In particular, if the brand name manufacturer can convince a jury that you knew you were trafficking in counterfeit goods, damages can be much higher. In particular, if you are an innocent infringer, the damages that a brand name manufacturer can recover are extremely limited and may be zero. On the other hand, if the brand name manufacturer can show that you knowingly trafficked in counterfeit goods, your profits, the brands actual damages, treble damages, counterfeit statutory damages, and attorneys fees. In particular, where actual knowledge of counterfeiting is shown, damage awards can easily exceed a million dollars ($1,000,000).

What is counterfeiting charged with?

It usually involves the transport of illegal goods across both state and international borders, As such, persons who are arrested for selling counterfeit goods are typically charged with a number of crimes in connection to the sales, such as conspiracy and the smuggling of goods.

What laws prohibit the sale of counterfeit goods?

The following list provides examples of some of the laws that prohibit the sale of counterfeit goods, such as: Stop Counterfeiting in Manufactured Goods Act: This act focuses on prohibiting the practice of attaching brand name labels or logos to generic items, and from presenting low quality items as brand name products.

What is the difference between counterfeit and pirated goods?

The main difference between counterfeit and pirated goods is that counterfeit merchandise is trying to deceive its purchasers, whereas purchasers of pirated items are generally aware that they are not from legitimate sources.

What is counterfeit goods?

Counterfeit goods are goods that have been altered in order to make them appear as if they are from an authentic source. Although counterfeit goods are often associated with cheap or low-quality items, that is not always the case. In some instances, counterfeit goods may be made from decent materials that make it look exactly like ...

How long can you go to jail for counterfeiting?

A prison sentence ranging between 5 to 20 years; and. Having to pay fines of up to $500,000 or more depending on the facts of the case. As previously mentioned, states may have their own separate punishments for persons who violate counterfeiting laws.

Is it illegal to sell counterfeit goods?

In fact, there are several federal and state laws that make it illegal to engage in the trade of counterfeit goods. The following list provides examples of some of the laws that prohibit the sale of counterfeit goods, such as:

What is the act of making or selling lookalike goods or services bearing fake trademarks?

Counterfeiting is the act of making or selling lookalike goods or services bearing fake trademarks.

What is the percentage of fake zippos?

The Zippo lighter has been the target of massive counterfeiting—depending on where you are in the world, the percentage of fake Zippos can be between 5% and 50%.

Why is it easier to prove trademark infringement?

Proving trademark infringement is easier when dealing with counterfeits because there is usually no need to conduct a factor-by-factor analysis of likelihood of confusion. Courts have said that, by their very nature, counterfeit goods cause confusion.

Is selling fake Gucci bags bad?

There are three big problems: (1) If the trademark owner chases you, you can quickly lose all of your business investments and assets (all your fake Gucci bags) and much more (you may be pursued for your personal property and home).

What to do if you get a cease and desist letter?

If you get a cease-and-desist letter, you need to determine whether the lawyers are right —that is, whether whatever you sell infringes. If yes, you should abandon the infringing items. If you're not infringing, you should consider whether you want to fight or move on.

What happens if you stop selling?

You stop selling; the lawyer sends a second letter, gets no response, files a lawsuit, and gets a default judgment. Note that the Catch Me If You Can scenario isn't very likely at all. If you continue to sell without either fighting the letter or otherwise responding, the lawyer will most likely pursue you.

What happens if you are discovered by a trademark owner?

Trademark owners will pursue you, and if they find you, they will seek to make an example of you. In other words, it's a little like cheating on your taxes. You might get away with it for a while, but when you're discovered, very bad things are likely to happen.