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Penalties » What Are the Penalties for Selling Counterfeit Goods in San Diego County?
Whether it is a fake Rolex watch, a pirated CD or DVD, or any other imitation or unauthorized product, selling counterfeit goods in San Diego County is a violation of California law and can get you arrested and charged with a crime.
California Penal Code Section 350 prohibits the manufacturing, sale, or possession for sale of counterfeit “marks,” which are marks that are:
A counterfeit mark on a product could include not only a name like “Gucci” or “Dolce & Gabbana,” but also symbols like the Nike “swoosh” or distinctive designs and shapes. Additionally, the mark doesn’t need to be displayed on the outside of the product to be a violation of the law.
The penalties upon conviction for a violation Section 350 are largely dependent on the quantity and fair market value of the legitimate goods or articles at issue.
The penalties are greater for subsequent offenses.
Additionally, if the counterfeit product “directly and foreseeably caused death or great bodily injury to another through reliance on the counterfeited item for its intended purpose” an accused individual shall be punished by a fine of up to $100,000 and/or by imprisonment for two, three, or four years. (Penal Code Sec. 350(c)).
On top of the fines and jail time, a conviction for selling or manufacturing counterfeit goods in San Diego County can also result in the forfeiture and destruction of the goods, forfeiture of any proceeds from the sale of the goods, and the payment of restitution to the company whose goods were copied. (Penal Code Sec. 350(d)(1), (d)(3), and (i)).
If you have been arrested and charged with selling counterfeit goods in San Diego County, you are at risk of losing your freedom as well as large sums of money. Call our experienced San Diego County criminal defense lawyers today to discuss your case.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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