People v. Gueye

Defendant was convicted, after bench trial, of counterfeit trademark violation, for selling counterfeit handbag. Defendant told undercover officer that handbag was only $20 because it was fake. Court did not abuse its discretion in finding that State proved beyond a reasonable doubt that handbags in question bore counterfeit marks. Purpose of Counterfeit Trademark Act is not only to penalize persons selling counterfeit items under the guise that the items are authentic, but also to penalize those who disclaim to the consumer, as in this case.If a person knows an item is a counterfeit item, and sells or intends to sell it, that person has committed a crime under Section 2 of the Act.(HOFFMAN and DELORT, concurring.)