Toledo Counterfeiting Lawyer

Product and trademark counterfeiting have been on the rise in recent years. It is a crime affecting various industries and is linked to almost 250 billion dollars in losses annually. A business’s success depends on its capacity to protect its reputation and intellectual property. Trademark counterfeiting is a serious crime with stiff penalties in Ohio.

At Patituce & Associates, our Toledo counterfeiting lawyers are ready to fight the charges filed against you. We shall aggressively explore all conceivable legal avenues that result in a case dismissal or a reduced sentence.

Call us today at 419-737-4556 if you are searching for an experienced and dependable Toledo white-collar crime defense lawyer. Our initial consultation is free.

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What Is Trademark Counterfeiting?

A trademark is a symbol or word associated with a brand (or its goods and services) to help prevent customers from getting confused or deceived about the same while safeguarding the company’s goodwill by preventing others from misrepresenting the brand.

Trademark counterfeiting is representing goods or services under a counterfeit mark, logo, name, or other identifying information they are not authorized to use.

Ohio’s trademark counterfeiting law forbids the following actions.

  • Attaching, affixing, or otherwise using a counterfeit mark in connection with the manufacture of goods or services—even when they’re not intended for sale
  • Possessing, selling, or offering 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
  • Purchasing or acquiring goods knowing that a counterfeit mark is attached, with the intent to sell or transfer
  • Selling, offering for sale, or otherwise disposing of goods knowing a counterfeit mark is attached to the goods
  • Selling, offering for sale, or providing services with the knowledge that a counterfeit mark is used in connection with the sale, offer, or other provision of services.

For a trademark to gain validity and full protection in the United States, owners must register their marks with the Patent and Trademark Office (USPTO). After registering the trademark and approval, the mark is entitled to legal protection for ten years. The owner must file updates periodically with the USPTO, which signifies they are still using their trademark.

What Are The Types of Counterfeiting Charges?

All who engage in counterfeiting goods, trademarks, currency, patents, and trade secrets risk facing criminal fraud charges. But an entity (individual, business, or organization) can engage in commerce without knowing that they are infringing another’s intellectual property rights.

At Patituce & Associates, our Toledo criminal defense attorneys have encountered counterfeiting cases where clients are charged with the following.

  • Possession of counterfeits, including the use and sale of the counterfeits
  • Purporting or claiming that a counterfeit is legitimate
  • Owning or possessing counterfeiting tools

The cases can be challenging, especially when you face big-time players. Hence, you could be looking at the following legal consequences if you are found guilty of trademark counterfeiting.

  • Criminal fines that are set by statute for each violation
  • Hefty fines depending on the statute for each violation
  • Imprisonment
  • Probation
  • Suspension or loss of your business operating license
  • An injunction (cease and desist order)
  • Civil charges filed by the trademark owner

Toledo Counterfeiting Lawyer concept image, stamp with word trademark

What Are the Penalties for Trademark Counterfeiting?

Possessing, selling, or offering for sale instruments with counterfeit marks is a first-degree misdemeanor, with a maximum sentence of six months. The penalty is the same as for knowingly purchasing such goods or selling or offering to sell such goods or services.

The charges 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 attaching 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.

How Can Patituce & Associates Fight a Counterfeiting Charge?

In any criminal case, the burden is on the prosecution to the defendant’s guilt.

The team fighting for you will assess all the facts related to your case and keenly scrutinize the evidence to find elements that can be used to build a strong defense strategy.

There are three common defenses against trademark counterfeiting charges.

  • Lack of intent: You never intended to copy or distribute the counterfeited property or make someone believe the item was real.
  • Lack of knowledge: You did not know that what you created or were using mimicked another entity’s intellectual property.
  • Lack of evidence: We diminish and discredit the prosecution’s evidence against you.

Call Today to Hire a Reliable Toledo Counterfeiting Lawyer!

If you are charged with trademark counterfeiting, consider retaining our skilled, reliable, and experienced attorneys to help you avoid harsh penalties and protect your freedom. Since the law affords you reasonable doubt, our mission is to ensure that your side of the story is compelling and results in the best possible outcome.

Our Toledo criminal defense attorneys at Patituce & Associates have helped many clients win case dismissals, not-guilty verdicts, and favorable plea deals with reduced sentences.

Contact us today at 419-737-4556 to find a skilled Toledo counterfeiting lawyer who will explore all possible avenues when fighting aggressively to protect your rights and interests.

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