Trademark counterfeiting in the third degree · as in force on May 31, 2026
§ 165.71 Trademark counterfeiting in the third degree.
A person is guilty of trademark counterfeiting in the third degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods.
Trademark counterfeiting in the third degree is a class A misdemeanor.
A person commits third-degree trademark counterfeiting by intending to deceive or defraud, or evade a lawful sales or distribution restriction, and making, distributing, selling, or offering goods with a counterfeit trademark—or knowingly possessing the counterfeit mark to affix it to goods. ★ It is a class A misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.