Manufacture, Sale, or Possession of Counterfeit Goods
Penal Code Section 350
You might think the term “counterfeit” only refers to fake
currency, but California Penal Code section 350 defines another form of
counterfeiting: knowingly using a logo or design (a “mark”)
to sell knock-off products. The most common form of counterfeit goods
(using a mark) are cheap items of merchandise that are altered to look
like original high-end name brand goods. These goods will have a copy
or reproduction of the original logo (such as Armani, Nike, Adidas). Like
counterfeiting money, selling a counterfeit mark is a crime with serious
If you are accused of manufacturing or selling a counterfeit mark, a Los
Angeles criminal defense attorney from our law firm can help you.
Call our office now for a free case consultation!
Proving a Counterfeit Mark Case
In order to obtain a conviction, the prosecutor must demonstrate:
- The defendant knowingly created, intended to sell, or possessed with intent
to sell, a counterfeit mark;
- The defendant acted as a business entity or an individual; and
- The “mark” is officially registered with the Secretary of State
or U.S. Principal Registry / Trademark Office.
The prosecution cannot bring a valid case against you without these elements.
However, a conviction can lead to serious penalties, such as incarceration
and fines. If the alleged offense involved products that would normally
cost more than $950, or the offense involved more than 1,000 units of
the item, the prosecution may charge the crime as a felony punishable
by up to three years in jail. In cases involving less than 1000 units,
with a value under $950, the crime is charged as a misdemeanor punishable
by up to one year in county jail.
The “Mistake of Fact” Defense
This strategy refers to any situation where the defendant did not
knowingly sell or create the counterfeit. Without showing the defendant was aware
of the crime, the prosecutor cannot obtain a conviction. If, for example,
you unknowingly purchased a counterfeit bag and tried to resell it, you
could not face criminal penalties because you assumed the mark was authentic.
Contact Stephen G. Rodriguez & Partners
Contact our Los Angeles counterfeit defense lawyers to schedule a free,
no-obligation consultation regarding your case. We have more than 70 combined
years of legal experience – let us use it to help you avoid a conviction!
All of the lawyers at our law firm are passionate, experienced, and highly
skilled. If you’re facing a serious criminal accusation under California
Penal Code section 350, speak with a representative from our firm at your