{"jurisdiction": "us-ny", "code": "penal", "section": "165.72", "citation": "Penal Law § 165.72", "heading": "Trademark counterfeiting in the second degree", "text": ["§ 165.72 Trademark counterfeiting in the second degree.", "A person is guilty of trademark counterfeiting in the second 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, and the retail value of all such goods bearing counterfeit trademarks exceeds one thousand dollars.", "Trademark counterfeiting in the second degree is a class E felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/165.72", "from_official_api": true, "plain_english": "A person commits second-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—when the goods’ retail value exceeds $1,000**. ★ It is a **class E felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/165.72", "publisher": "Elyphived LLC"}