Legal Question in Intellectual Property in New York

Replica designer merchandize (handbags, clothing, watches, etc.)

Hi,

I have read some answers regarding the legality or lack of the sale of replica designer merchandize while explicitly disclosing that the merchandize offered is NOT authentic. It is clear that it is indeed ILEGAL, disclaimer or not and regardless of the loopholes one will eventually get sued.

One of the answers included:

''The companies are well within their rights to demand that you cease and desist your activity. They would also be entitled to all of your profits � at the very least.''

Another said that the offender will incur a sue from the company for the profits and damages and possibly criminal charges''

So the first example implies that there might be criminal responsibility and another claims it rather directly.

My question is how criminal of an offence is it? Can someone say that they know of a case about trademark/copyright infringement that had criminal consequences? If yes what were they?

I have witnessed street vendors of replica goods in New York City violently pressed to the ground and cuffed (arrested) by Police; while most answers here claim that all that can happen is one gets sued by the company for money.

So while it is clear that the act is illegal what indeed are the legal concrescences

1 Answer from Attorneys

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