Illegal Use of Counterfeit Trademark
No person shall knowingly sell, possess with the intent to sell, or otherwise transfer for compensation anything of value having a counterfeit trademark.
“Person” shall include an individual, corporation, partnership, association, or other body of persons, whether incorporated or not.
“Counterfeit trademark” shall mean a false trademark that is identical to or substantially indistinguishable from:
- A genuine trademark registered on the principal register in the United States Patent and Trademark Office and used or intended for use on or in connection with goods or services; or
- A genuine trademark specifically protected by any state or federal statute.
Whoever violates the provisions of this Section shall be fined not more than $10,000, or be imprisoned with or without hard labor for 0 to 5 years, or both.
In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation who derived pecuniary value, or caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater. The court shall hold a hearing to determine the amount of the fine.
If you have been charged with using a counterfeit trademark, it is important for you to hire a skilled New Orleans Criminal Attorney. Contact our office for a consultation. We are ready to assist you.