Trademark counterfeiting in the first degree · as in force on May 31, 2026
§ 165.73 Trademark counterfeiting in the first degree.
A person is guilty of trademark counterfeiting in the first 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 hundred thousand dollars.
Trademark counterfeiting in the first degree is a class C felony.
A person commits first-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 $100,000. ★ It is a class C felony.
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.