Counterfeiting has become a growing concern for businesses and individuals alike in Illinois. The state has seen a surge in the production and distribution of counterfeit goods and services, which has had a significant impact on the economy and the safety of consumers. Understanding the legal implications of counterfeiting is crucial for businesses and individuals to protect their rights and interests.
What is Counterfeiting?
Illinois has a law called the Counterfeit Trademark Act, which explains ‘counterfeiting’ is the production, distribution, and sale of goods or services that are falsely labeled or misrepresented. Counterfeit goods are often produced and sold to consumers at a lower price than genuine products, which can harm legitimate businesses that invest in product development and marketing. Counterfeit goods can also pose significant safety risks to consumers, as they may not meet quality and safety standards.
Counterfeiting is not limited to physical goods, as it can also occur in the digital world. Online counterfeiting involves the unauthorized use of trademarks and copyrights on the internet. Online counterfeiting can be particularly difficult to detect and prevent, as the internet provides anonymity and a global reach. The act makes it illegal to use trademarks and copyrights on the internet without the owner’s permission. It also provides for the seizure of counterfeit goods and domain names used in online counterfeiting.
What are the Penalties for Counterfeiting?
A person in Illinois who knowingly sells, offers for sale, holds for sale, or uses fewer than 100 counterfeit items or the value of the items is $300 or less, that person can be charged with a Class A misdemeanor. Punishment for a Class A misdemeanor can include a fine of at least 25% of the retail value of all counterfeit items, up to $1,000 words.
The punishment can become more severe depending on the value of the items, the amount of the items, the prior criminal record of the defendant, and other factors a court deems relevant. Felonies tend to carry more severe consequences than misdemeanors, often triggering a sentencing scheme of many years in prison and massive fines. Where a counterfeiting charge is serious enough to be a felony charge, having experienced and dedicated criminal defense attorneys on your side is crucial.
Along with punishment, counterfeit items can also be seized by law enforcement officers. Further, businesses that engage in counterfeiting can also face civil lawsuits from the owners of the genuine products. Civil lawsuits can result in substantial damages, including lost profits and legal fees.
Glasgow and Olsson Can Help if You are Charged With Counterfeiting
If you require an experienced Chicago federal criminal defense attorney, Glasgow & Olsson is here for you. Our skilled legal team will work to protect your constitutional rights in any criminal case against you. If you need representation for a criminal charge in Cook County, Glasgow & Olsson is uniquely qualified to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.