Knoxville Counterfeit Mark Attorneys

Use of a Counterfeit Mark or Logo

If you have been accused of using a counterfeit mark or logo in Tennessee, you are facing a charge that can affect you for the rest of your life. Whether you have been charged with a state or federal offense, the legal choices you make now can be the most important, especially your choice of an attorney. With so much at stake, do not settle for an inexperienced defense lawyer.

Our dynamic lawyers have successfully handled many types of theft cases. As skilled and experienced negotiators, we will do everything in our power to defend your rights and work toward the best possible outcome.

Use of a Counterfeit Mark or Logo in Tennessee

In Tennessee, under T.C.A. 39-14-152(b)(1), it is a crime for you to knowingly manufacture any item or services bearing or identified by a counterfeit mark.

A counterfeit mark can mean two things under the Tennessee code: First, a counterfeit mark means any knowing reproduction of intellectual property, such as a

that is adopted or used by a person or business to identify that person's goods or services. An example would be buying an ordinary sweatshirt and sewing a Tennessee Titans logo onto the shirt in an attempt to pass it off as the genuine article.

Second, a counterfeit mark means intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property. An example would be cutting out a Tennessee Titans logo from another item, and sewing it onto an ordinary sweatshirt.

It is also a crime in Tennessee, under T.C.A. 39-14-152(b)(2), for a person to use, display, advertise, distribute, offer for sale, sell, or possess with the intent to sell or distribute any item or service while knowing that the item or service bears or is identified by a counterfeit mark.

A jury may infer intent to sell or distribute items bearing or identified by a counterfeit mark when the defendant has in his or her possession 25 items bearing the counterfeit mark.

Possible Consequences for Use of a Counterfeit Mark or Logo:

Persons convicted of knowingly manufacturing an item or service bearing or identified by a counterfeit mark is punished according to the theft sentencing provisions, except that he or she will receive nothing less than a Class E felony. Thus, the higher the retail value of the counterfeit products or services, the stiffer the penalty. For instance, if the retail value of the counterfeit products or services is greater than $1,000 but less than $10,000, the crime will be classified as a Class D felony.

A person may only be fined if he uses, displays, or advertises an item or service bearing a counterfeit mark. However, if the court finds that the person distributed, offered for sale, or sold the item bearing the counterfeit mark, he or she may be sentenced in the same way as if he or she manufactured the counterfeit mark.

Fines for any of the above-described offenses may exceed up to three times the retail value of the items bearing the counterfeited mark or logo. All personal property employed or used in connection with a violation of the law is subject to judicial forfeiture.

Protecting the Rights of Our Clients

As the preceding discussion shows, there are complex legal issues involved in use of a counterfeit mark or logo in Tennessee. Our lawyers have the experience necessary to help you understand these issues. By engaging in fierce representation and investigation into the legal issues of your case, our lawyers will help you mount a strong defense against any counterfeiting charges.

Do not put your case and your life at risk by making the wrong legal choices. Discuss your case with an experienced criminal defense lawyer.

To schedule a complimentary evaluation with a criminal defense attorney at our office, complete the form below.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

Sevierville Defense Lawyer Disclaimer: The counterfeit logo, use of a counterfeit mark, criminal defense, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of TN.

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