The counterfeiting of consumer goods occurs when items are manufactured and/or sold without the proper rights to the brand name and/or without the brand owner’s consent. The sellers of such goods are often infringing on either the trademark, patent or copyright of the original brand owner.
As per Florida law (FSA 831.032), to knowingly and willfully manufacture, distribute or possess counterfeit goods, with the intent to sell these items is a crime that is punishable by both prison and monetary fine.
The Lomnitzer Law Firm, P.A. has experience defending against and prosecuting matters of such counterfeit crimes. Whether an individual or company is charged with a counterfeit violation or is the victim of a counterfeit offense, our law firm is skillfully prepared to represent your case.
Counterfeit Goods Defense
The severity of the punishments under the laws of the State of Florida for these types of white collar crime are as follows:
- Less than 100 items, the offense is a 1st degree misdemeanor, punishable up to one year in jail.
- More than 100 but less than 1,000 items bearing counterfeited marks, the offense is a third-degree felony, punishable up to five years in prison.
- More than 1,000 items, the offense is a second-degree felony, punishable up to fifteen years in prison.
- In most cases, financial penalties will be sought.
Due to the harsh penalties stemming from a counterfeiting conviction, we advise seeking immediate legal counsel as soon as possible when faced with a counterfeiting accusation.
Counterfeit Goods Prosecution
Counterfeiting is a criminal act that can severely impact the brand, its ability for premium pricing, and in many cases the overall profitability of a company.
Common goods that are counterfeited are:
When your brand or registered protections are infringed upon, time is of the essence regarding a cease and desist order and proper prosecution. It could mean the life or death of a brand, or even an entire company.
At The Lomnitzer Law Firm, P.A., we are experienced in representing both sides of counterfeit crimes. We accept all types of counterfeiting and forgery cases, including those involving private labels, long standing brands, and newly protected brands.
Contact us to discuss the details of your situation and learn how our law firm can represent your interests, possible defenses to charges of counterfeiting, and to decide upon the best course of action for your case.