Counterfeit watches, purses, Tennessee
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If you have ever traveled to large cities outside of Nashville you may have seen areas of the those cities where they sell counterfeit merchandise, such as fake rolex watches, fake Gucci purses, one might think to themselves that if they are sold openly here, what is the problem? In Tennessee this crime falls under 39-14-152 Use of counterfeit mark and logo, and it is a crime.
Under the statute of counterfeit merchandise there is a difference between making the product and selling the product, here I will only deal with selling the product. In Tennessee if you are caught with 25 or more products carrying a counterfeit mark, there may be an inference that you are possessing these items to resell them, in other words that is your intent, can this inference be rebutted, it can possibly be rebutted, but the state can most certainly infer it.
Under the counterfeit law if it is determined that you violated section (b) 2 your violation is graded as a theft crime, the problem with this is, how does one determine the amount of the theft? The State of Tennessee discusses in the counterfeit law that the value is graded at counterfeiters regular price for the item, which is much better for the client than grading it at the value of the real item.
The theft statute grades theft as follows; $500.00 or less is a class A misdemeanor; More than $500.00 but less than $1,000.00 is an E felony; $1,000.00 but less than $10,000.00 is an D felony; $10,000 but less than $60,000.00 is an C felony; $60,000.00 or more is an B felony.
The criminal penalties and jail time are not a bar to the companies of the products seeking other legal remedies against you in civil court, ie a lawsuit against you for selling products with their logo.
Another problematic concern for the client might be the tax issue regarding any sale of merchandise that Tennessee Department of Revenue did not receive sales tax on, and or the Federal Government not receiving notice that you may have made income off of these products.
Should you need assistance please feel free to phone the office at (615) 308-2633 to discuss your case.
