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New York Trademark Counterfeiting: Crimes, Law and Definitions

Whether you are charged as a first-time counterfeiter selling bogus and fraudulent sneakers, eye glasses, Apple computer products, medications or baseball hats, the criminal law in New York is the same. Yes, there are different financial thresholds in terms of the retail value of the counterfeited goods that differentiate First Degree Trademark Counterfeiting, New York Penal Law 165.73, Second Degree Trademark Counterfeiting, New York Penal Law 165.72, and Third Degree Trademark Counterfeiting, New York Penal Law 165.71, but the underlying definitions and elements of each crime carry from offense to offense.

Although not a substitute for a consultation and review of your criminal arrest and allegations with a criminal defense lawyer versed in New York Trademark Counterfeiting crimes, having a general understanding of the law is a good place to commence your defense.

Trademark Counterfeiting: Important Definitions

New York Penal Law 165.70 sets forth the legal terms that make up and define the criminal code as to Trademark Counterfeiting. These statutorily defined words include: “trademark,” “counterfeit trademark,” “traffic” and “goods.”


A trademark is any word, name, symbol or device adopted and used by a person to identify goods made by a person and which distinguishes them from others which is in use and registered, filed or recorded under the laws of NYS or elsewhere including the United States patent and trademark office.

Counterfeit Trademark

A counterfeit trademark is a spurious – false, fake, forged or fraudulent – trademark or an imitation of a trademark that is used in connection with trafficking of goods and offered for sale or distribution of goods that are identical with or substantially indistinguishable from a trademark.


To traffic these products is to transport, transfer or otherwise dispose of, to another person, as consideration for anything of value whether actual money and dollars or otherwise. Similarly, if you obtain control of these items with the intent to do the same you have satisfied the definition of trafficking.


Fairly self-explanatory, goods are any products, services, objects, materials devices or substances that are identified by a particular trademark.

Trademark Counterfeiting: Other Important Factors

Upon your arrest for any degree of Trademark Counterfeiting in New York, New York Penal Law 165.74 allows for the local police agency – the NYPD in New York City – to seize and potential destroy any and all goods bearing counterfeit trademarks. Within 48 hours after your arraignment, a judge must determine whether probable cause exists to believe that the property recovered or seized have been manufactured, sold, offered for sale, distributed or produced in violation of New York Penal Law sections 165.71, 165.72 or 165.73. If a judge finds such probable cause, he or she must authorize the trademark counterfeited goods to be retained as evidence pending a trial in criminal court. If you are convicted, the court can either destroy the contraband or donate the same as long as other relevant laws and regulations are followed as to the latter.

To better understand the laws and crimes of Trademark Counterfeiting found in New York Penal Law Article 165, review the above link to Saland Law’s Trademark Counterfeiting crime information page. Armed with knowledge and information, consult with a criminal defense lawyer and team of criminal attorneys who can best identify and implement your defense. Facing any misdemeanor or felony arrest and conviction is life altering. Because proceeding alone is not an option, it is imperative to secure the knowledge, experience and advocacy Saland Law’s criminal defense attorneys and former Manhattan prosecutors.

Call the New York Trademark Counterfeiting Defense Lawyers at Saland Law at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now.

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