570.103. Crime of counterfeiting, definitions — penalty.
It’s illegal to sell or make fake branded items or services.
If you create, sell, or have items with fake logos or trademarks, you can be charged with counterfeiting. The penalties get worse if you’ve done it before or if the value or quantity is high.
1. Definitions used in this law:
- Counterfeit mark: A fake version of a trademark or logo used without the owner’s permission.
- Intellectual property: Trademarks, logos, or names used to identify someone’s products or services.
- Retail value: The usual selling price of the fake item or the item it would be used in.
2. You commit counterfeiting if you purposely make, use, advertise, sell, or have fake items or services with fake logos. If you have over 25 fake items, the law assumes you plan to sell them.
3. Counterfeiting is a class A misdemeanor, unless one of the following applies:
4. It becomes a class E felony if:
- You’ve been convicted of counterfeiting before; or
- You have 100–999 fake items or the total value is $750 or more.
5. It becomes a class D felony if:
- You’ve been convicted two or more times before;
- You were making the fake items; or
- You have 1,000+ fake items or the total value is $25,000 or more.
6. The total quantity and value of all the fake items or services count toward the penalties.
7. These criminal penalties do not replace any civil lawsuits that may also be brought.
8. A state or federal trademark registration is considered proof that the brand is legally protected.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
