Being accused of counterfeiting is a serious matter. If you are convicted, you could face significant fines and jail time. That’s why it’s important to take immediate action if you find yourself in this situation.
The first step is to contact an experienced attorney who can help you navigate the legal system and protect your rights. In this blog post, we’ll be discussing what to look for in a counterfeiting attorney, as well as some useful defenses that can effectively push back against whatever counterfeiting charges are brought against you.
What Is Counterfeiting?
Counterfeiting is the act of making or selling fake products with the intent to deceive consumers. In the United States, it is illegal to produce, distribute, or sell counterfeit goods. Unfortunately, many people are unaware that they are breaking the law until it’s too late.
If you have been accused of counterfeiting, it’s important to understand the severity of the charges against you. Depending on the value of the goods involved, you could be facing a high-level felony offense. If convicted, you could be fined up to $250,000 and sentenced to up to five years in prison, not to mention any jail time that authorities are able to stack on in the commission of your arrest.
How to Fight Counterfeiting Charges
If you have been accused of counterfeiting, you cannot afford to wait around. The first step is to contact an experienced attorney who can help you navigate the legal system and protect your rights.
Your attorney will review the evidence against you and help develop a defense strategy. In some cases, it may be possible to get the charges reduced or dismissed altogether. However, if your case goes to trial, your attorney will be by your side every step of the way to ensure that you receive a fair trial.
Some of the most common defenses against counterfeiting charges include lack of intent, innocent infringement, and fair use. Keep reading to learn more about these defenses and how they can help you beat counterfeit charges.
Lack of Intent
One of the most common defenses against counterfeiting charges is lack of intent. For someone to be found guilty of counterfeiting under federal law, they must have intended to deceive consumers. This means that if you can show that you did not intend to deceive anyone, you may be able to get your charges dropped or dismissed entirely.
Another common defense against counterfeiting charges is innocent infringement. This defense applies if you didn’t know that the product you were selling was counterfeit or if you had reasonable grounds to believe that it was not counterfeit.
If you can show that you were unaware that the product was counterfeit, you may be able to get your charges reduced or even dismissed. (For example, you were sold something on eBay as authentic and resold it without realizing that it wasn’t authentic at all.)
The fair use defense is a bit more complicated, but it may apply in certain situations. The fair use doctrine allows limited use of copyrighted material without the copyright holder’s permission under certain circumstances.
Factors that are considered when determining whether or not something is fair use include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work. If you can show that your use of the copyrighted material falls under fair use, it can affect your case for the better.
Partner With a Defense Attorney Experienced in Counterfeiting Cases
If you have been accused of counterfeiting, it’s important to take immediate action and contact an experienced attorney. Your attorney will review the evidence against you and help develop a defense strategy.
In some cases, it may be possible to get the charges reduced or dismissed. However, if your case goes to trial, your attorney will be by your side every step of the way to protect your rights and ensure that you receive a fair trial.
John Teakell has been doing just that for several years now. He has a number of counterfeit cases under his belt, and he’s eager to put his expertise to work for you. Contact the office today to set up your first consultation.