Designer Brand Counterfeit Knock-Offs.

Defendants had a business of selling handbags, clothing and jewelry bearing the unauthorized names and logos of Chanel, Coach, Gucci, Louis Vuitton, Rock & Republic, Tiffany, True Religion, TAG Heuer, Rolex and Hublot, all of which brands have registered trademarks. Investigators seized over 13,000 such items from defendants’ San Diego store. In separate criminal trials, two defendants were convicted of selling counterfeit goods. Penal Code section 350, subdivision (a), prohibits a person from willfully manufacturing, intentionally selling counterfeit marks, or knowingly possessing counterfeit marks for sale. On appeal, one of their many arguments was that their customers were not confused and that the prosecutor bore the burden of proving the marks were confusingly similar to the registered marks because federal law expressly requires a counterfeit mark to be likely to cause confusion or mistake, or to deceive. [15 U.S.C. § 1114 (1) and 18 U.S.C. § 2320 (f)(1)(A)(iv).] In affirming their convictions, the appellate court said the federal authorities relied upon by the defendants “offer us with no guidance in this matter.” (The People v. Vo Nghia Sy and The People v. Jacqueline Duenas Sy (Cal. App. Fourth Dist., Div. 1; January 21, 2014) 223 Cal.App.4th 44, [166 Cal.Rptr.3d 778].)