Intentionally trafficking or attempting to traffic in goods knowingly using a counterfeit mark is a felony. Trafficking includes the repackaging of genuine goods or services with the intent to deceive or confuse. The end purchaser need not be deceived into believing the product is genuine or authorized by a trademark owner.
In addition to years in prison and fines, the money damages may be very high as the trafficker will be liable for the market cost of the genuine goods or services to the trademark owner at the rate they would have received if sold at retail price through authorized channels. This amount may be many times higher than the trafficker actually received. In fact the trafficker may have received nothing and still be liable for massive restitution to the trademark holder. A trafficker can be liable for the retail price of the goods and services that the trafficker was reasonably likely to receive—not just what was actually received or sold—pushing both the money damages and exposure to prison time up significantly.
If you are at risk of trafficking charges, it is in your best interest to consult with a lawyer skilled in white collar criminal defense. To arrange a consultation with Barnett, Bolt, Kirkwood, Long, Koche & Foster, P.A., please contact us at 813-253-2020 or firstname.lastname@example.org.