CBSNews.com reported on December 30, 2010 in “Fake Perfumes, Bags on Rise at Flea Markets” that flea markets in New Jersey are carrying counterfeit products with big name trademarks, but poor quality and safety risks. The counterfeit products fund criminal syndicates. New Jersey State Police cargo theft unit warns consumers to think twice when the price is half of what a big name product normally charges. The New Jersey unit seized over 5,000 pieces of counterfeit product at a flea market in Springfield, New Jersey in December 2010, including fake Estee Lauder and MAC cosmetics that retail over $300,000. Possessing counterfeit trademark items in New Jersey carries jail time if more than 1,000 items are confiscated.

The New Jersey Trademark Counterfeiting Act is discussed in New Jersey Statutes Title 2C:21-32c: “A person commits the offense of counterfeiting who, with the intent to deceive or defraud some other person, knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute within, or in conjunction with commercial activities within New Jersey, any item, or services, bearing, or identified by, a counterfeit mark.”

People are against knockoffs because there are safety risks of buying fake goods. Knockoffs may not follow Consumer Safety Product Commission guidelines. Fakes may be smuggled into the US unregulated, with nearly 80% from China. For example, batteries may contain mercury, electrical products may not meet safety standards and create fires, perfumes may contain urine and high alcohol content, and clothing may be made with toxic dyes and flammable materials.

Knockoffs may contain the same trademarks as quality brands so the consumer looking for a cheap price may not be aware of certain ingredients or warning labels missing. New Jersey Statutes – Title 2C The New Jersey Code of Criminal Justice – 2C:21-32, a counterfeit mark means “a spurious mark that is identical with or substantially indistinguishable from a genuine mark that is registered on the principal register in the United States Patent and Trademark Office or registered in the New Jersey Secretary of State’s office or a spurious mark that is identical with or substantially indistinguishable from the words, names, symbols, emblems, signs, insignias or any combination thereof, of the United States Olympic Committee or the International Olympic Committee; and that is used or is intended to be used on, or in conjunction with, goods or services for which the genuine mark is registered and in use.”

Legitimate manufactures get fined or face enforcement action if they don’t comply with health regulations. The funds from counterfeit sales could be going to organized crime, gang activity, and terrorist organizations. Manufacturers of the authentic products have an interest in stopping counterfeit business because there is damage to a brand if consumers think it’s real and have a bad experience.

When faced with allegations of trademark counterfeiting, engage a New Jersey criminal defense attorney who knows how to interpret criminal statutes to reduce prison time and penalties.  Contact the Law Office of Jason Volet at (732) 503-8968 or fill out the form on the right.