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Counterfeiting Smart Strategy. Fearless Defense.

Cleveland Counterfeiting Attorney

Defense Against Charges of Trademark Counterfeiting (O.R.C. 2913.34)

Trademark counterfeiting is a serious crime that can damage you for the rest of your life. It covers a number of activities with penalties that are based on a number of different factors. Essentially, this crime exists to restrict activities such as mislabeling goods, usually (but not always) in order to sell them for more than they are worth; however, the specifics of your case will determine how you are charged. Ohio’s trademark counterfeiting statute applies broadly to acts that fraudulently represent a good or service under a counterfeit mark, logo, name, or other identifying information that the defendant is not legally authorized to use. 

Specifically, the following conduct is prohibited when it is performed knowingly:

  • Attach, affix, or otherwise use a counterfeit mark in connection with the manufacture of goods or services—even when they’re not intended for sale
  • Possess, sell, or offer 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
  • Purchase or acquire goods knowing that a counterfeit mark is attached, with the intent to sell or transfer
  • Sell, offer for sale, or otherwise dispose of goods knowing a counterfeit mark is attached to the goods
  • Sell, offer for sale, or provide services with the knowledge that a counterfeit mark is used in connection with the sale, offer, or other provision of services.

If you’ve been charged with trademark counterfeiting charges under O.R.C. 2913.34 in Cleveland, you need a strong defense team that can shield you from the worst that the criminal justice system has to offer.

If you’ve been charged with counterfeiting, contact a Cleveland counterfeiting lawyer today.

 

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We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.

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Explore some of our recent wins.

  • Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)

    Our client was accused of driving while under the influence of drugs, or alcohol.

  • Not Guilty At Trial ROCKY RIVER V. D.F.

    Client was charged with domestic violence against his wife.

  • Plea and Record Expunged STATE V. BAILEY, CUYAHOGA

    Client was accused of stealing tens of thousands of dollars worth of property.

  • Charges Dismissed State v. Beckwith, Cuyahoga County

    Student charged with the manufacturing of ecstasy.

  • Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN

    Local counsel pushed for a plea to one of the sex related charges.

  • Acquittal State v. Tevin Biles

    Client was identified as one of the alleged shooters at a New Year’s Eve party.

How You Are Charged Depends on the Specifics of Your Case

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

Patituce & Associates, LLC can help you. If you need assistance with trademark counterfeiting charges, call (440) 771-1175 for a free consultation with an experienced Cleveland counterfeiting defense lawyer.

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