Criminal Defense
Will I go to jail for Trademark Scams ?
max@dotcomlawyermarketing.com
Legal Expert
6 min read
Updated: Sep 6, 2025
Will I Go to Jail for Trademark Scams?
Trademark scams are no joke. If you're caught infringing on someone else's intellectual property, you could face serious legal consequences - including hefty fines and even jail time. At Spodek Law Group, we've seen firsthand the devastating impact that trademark scams can have on individuals and businesses alike. That's why we're here to help.As a leading federal criminal defense law firm, we have the knowledge and experience to navigate even the most complex trademark infringement cases. Our team of skilled attorneys has a proven track record of success in defending clients against trademark scams and other intellectual property crimes. We understand the high stakes involved and we're committed to fighting tirelessly to protect your rights and your freedom.What Constitutes Criminal Trademark Infringement?
It's important to understand that not all trademark infringement cases rise to the level of criminal activity. In order for trademark infringement to be considered a crime, there must be evidence of deliberate intent to steal and profit from someone else's protected intellectual property. This is typically measured by the amount of profit obtained through the infringement.Some common examples of criminal trademark infringement include:- Manufacturing and selling counterfeit goods bearing a registered trademark without permission
- Importing counterfeit goods into the country for resale
- Knowingly using a counterfeit or imitation trademark in connection with the sale of goods or services
- Imprisonment of up to 10 years for a first offense involving counterfeit goods
- Fines of up to $2 million for individuals and $5 million for corporations
- Forfeiture and destruction of counterfeit goods and any equipment used to produce them
- Restitution to the trademark owner for financial losses caused by the infringement
Defending Against Trademark Scam Charges
If you've been accused of criminal trademark infringement, it's crucial to seek experienced legal representation right away. The consequences of a conviction can be life-altering, so you need a skilled defense attorney in your corner who knows how to fight back against these serious charges.At Spodek Law Group, we take a proactive and aggressive approach to defending our clients against trademark scams. Our first priority is always to protect your freedom and minimize the potential penalties you're facing. We'll carefully review the evidence against you and work to identify any weaknesses in the prosecution's case.Some potential defense strategies we may employ include:- Arguing that you lacked the requisite intent to commit trademark infringement
- Challenging the validity of the trademark registration
- Asserting that your use of the trademark was fair use or otherwise legally permissible
- Negotiating with prosecutors for reduced charges or alternative sentencing options
The Importance of Choosing the Right Defense Attorney
When your freedom and your future are on the line, you can't afford to take chances with your legal representation. You need a defense attorney who has the skills, experience, and tenacity to fight for you in court.At Spodek Law Group, we pride ourselves on being one of the premier federal criminal defense firms in the country. Our attorneys have decades of combined experience handling complex trademark infringement cases and other white-collar crimes. We know what it takes to win in federal court and we're not afraid to go toe-to-toe with even the most aggressive prosecutors.But don't just take our word for it. Here's what one of our satisfied clients had to say about working with us:"I was facing federal charges for trademark infringement and I was terrified of going to prison. But the attorneys at Spodek Law Group fought hard for me every step of the way. They were always available to answer my questions and provide updates on my case. In the end, they were able to get my charges reduced and I avoided jail time altogether. I can't thank them enough for everything they did for me." - John D., New YorkIf you're facing criminal charges for trademark infringement, don't wait another minute to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free consultation with one of our experienced attorneys. We're here to fight for you and protect your rights every step of the way.
Case Law and Legal Citations
It's important to note that trademark infringement cases can be complex and highly fact-specific. The outcome of your case will depend on a variety of factors, including the strength of the evidence against you, the skill of your defense attorney, and the specific laws and precedents that apply in your jurisdiction.Here are a few notable cases and legal citations that illustrate the serious consequences of criminal trademark infringement:- United States v. Foote, 413 F.3d 1240 (10th Cir. 2005) - Defendant convicted of trafficking in counterfeit goods and sentenced to 37 months in prison and ordered to pay $322,000 in restitution.
- United States v. Sung, 51 F.3d 92 (7th Cir. 1995) - Defendant convicted of trafficking in counterfeit goods and sentenced to 33 months in prison and fined $12,500.
- United States v. Chong Lam, 677 F.3d 190 (4th Cir. 2012) - Defendant convicted of conspiracy to traffic in counterfeit goods and sentenced to 11 years in prison and ordered to pay $2.7 million in restitution.
Protecting Your Rights and Your Freedom
At Spodek Law Group, we understand the high stakes involved in criminal trademark infringement cases. We know that your freedom, your livelihood, and your reputation are all on the line. That's why we fight so hard to protect our clients' rights and secure the best possible outcome in every case we handle.If you're facing criminal charges for trademark infringement, don't try to go it alone. You need a strong legal advocate in your corner who will stand up for your rights and fight for your freedom. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free consultation with one of our experienced attorneys. We're here to help you navigate this difficult time and achieve the best possible result in your case.As Featured In






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