Legal Question in Intellectual Property in New York

What is line between civil trademark infringement versus criminal?

Is is that counterfeiting is criminal whereby infringement alone is only civil?

Would this be an example of counterfeiting? Someone who without permission, sells Gucci bags, that have Gucci trademarks and use the Gucci name, tags, etc.

I assume that if this is counterfeiting, and the police can arrest the person.

If the bags were Gucci-style but without the Gucci trademark, name, tags, etc. then I assume the person may be infringing trademark rights and civilly liable but not criminally. Is this view correct?

Thanks for the help


Asked on 3/07/14, 12:23 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

No. There is no bright line. In the vast majority of cases, criminal liability will not apply, but that is not to say that it cannot apply. Only that law enforcement will have to have a good reason to get involved. Counterfeiting is a form of trademark infringement and while I am not on the criminal side of this practice, I also assume is a crime under federal statute.

The bottom line is that if you make a big enough splash you will attract the sharks. You should consult a lawyer in private and flesh out your objectives. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 3/07/14, 12:32 pm


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