Am I Breaking the Law if I Buy "Knock Off" Goods in California?

Posted by Neil Shouse | Oct 18, 2015 | 0 Comments

California law takes "counterfeit marks"--that is, fake or "knock-off" versions of trademarks, such as those on designer items--very seriously. Penal Code 350 PC, California's law against sale or manufacture of counterfeit marks, provides for serious penalties, including jail time, for people who manufacture or sell these items.

But what if you just happen to buy or own a counterfeit version of a trademark item? In most cases, this is not a problem--even if you bought the product knowing it was a fake.

However, California Penal Code 350 does make it a crime to possess these items for sale--even if you didn't personally manufacture them, and even if you never actually sell them.

In other words, if you own or possess goods with counterfeit marks, and you intend to sell them, you can face the same potential jail sentence and hefty criminal fine as someone who actually did manufacture or sell these goods. 

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370