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  1. Home
  2. Corporate law : Defense Strategies in a Washington D.C. Trademark Infringement Criminal Matter

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Corporate law : Defense Strategies in a Washington D.C. Trademark Infringement Criminal Matter



The following case study examines how our defense team safeguarded a client facing imprisonment for alleged trademark infringement connected to the sale of apparel bearing logos identical to internationally recognized luxury brands. 

 

Although trademark cases often arise in civil Corporate law disputes, Washington D.C. allows criminal enforcement when counterfeit goods are sold with intent to defraud consumers. 

 

This created substantial risk for the client, who already had a prior conviction.

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1. Corporate law Washington D.C. Market Conduct Risks and Criminal Exposure


 Corporate law Washington D.C. Market Conduct Risks and Criminal Exposure

 

The District of Columbia treats the sale of counterfeit branded goods as a criminal act when consumer deception is involved, and local courts often impose enhanced penalties where prior violations exist. 

 

Washington D.C. recognizes criminal liability when an operator knowingly distributes counterfeit goods through online or physical marketplaces. 

 

In this case, the client operated a purchasing agent style platform, but the presence of luxury-brand logos on apparel constituted evidence of willful infringement. 

 

Courts focus on:
• Whether the seller knew the marks were unauthorized
• Whether customers were induced to believe goods were authentic
• Whether sales volume reflects commercial intent rather than incidental misuse

 

These principles shaped the prosecution’s theory and required a defense grounded in both factual clarification and Corporate law compliance. 



Prior Conduct and Its Influence on Sentencing


Because the client had a prior conviction involving small scale illegal sales, prosecutors argued for incarceration based on recidivism. 

 

In Washington D.C., a prior intellectual-property violation can be viewed as evidence of disregard for lawful commercial practices. 

 

The defense therefore had to distinguish the earlier conduct from the present circumstances, demonstrating that the offense was neither sophisticated nor profit-driven but rather a response to acute financial pressure.



2. Corporate law Washington D.C. Mitigation Through Economic and Personal Circumstances


Mitigation is a powerful tool in Washington D.C. sentencing practice, particularly in cases where defendants act under financial distress. 

 

Corporate law defenses often require showing that business-related misconduct arose not from sustained commercial exploitation but from temporary economic hardship.

 



Demonstrating a Financial Hardship Narrative


The defense established that the client’s restaurant closed during the COVID-19 downturn, leaving him without income. 

 

This background was critical to explaining how he resorted to selling inexpensive imported apparel. 

 

Emphasizing economic instability helped counter the prosecution’s characterization of the conduct as a deliberate counterfeit-distribution enterprise. 



Presenting Post Offense Rehabilitation and Business Dissolution


Mitigation also required showing responsible corrective measures. 

 

The client fully dissolved the online storefront, canceled business registrations, and destroyed all remaining inventory. 

 

Evidence of voluntary cessation of commercial activity reinforced the argument that he no longer posed a risk of future violations. 

 

In Corporate law contexts, proactive winding down of non compliant operations can substantially influence judicial discretion.

 



3. Corporate law Washington D.C. Evidentiary Strategy and Comparative Positioning


 

A strong evidentiary narrative was necessary to challenge the presumption that the client intentionally expanded a counterfeiting venture. 

 

Corporate law analysis of commercial practices provided context to show limited scope, minimal profit, and lack of structured supply chain involvement.

 



Distinguishing the Client’s Conduct From Organized Counterfeiting


The defense emphasized that the client acted on the recommendation of an external broker, lacked knowledge of international trademark-licensing frameworks, and operated without formal distribution channels. 

 

This contrasted sharply with organized counterfeit networks that typically involve bulk imports, structured logistics, and market-wide penetration. 

 

Highlighting limited sophistication helped the court appreciate that this case fell on the lower end of culpability.

 



Submitting Structured Sentencing Materials


We organized a comprehensive sentencing package including:

 

Structured presentation of these materials supported the defense’s argument that punitive incarceration was unnecessary to achieve deterrence or accountability.

 

 



4. Corporate law Washington D.C. Sentencing Outcome and Key Compliance Lessons


The court ultimately accepted the defense’s argument that incarceration would be disproportionate and counterproductive given the client's circumstances.

 

After considering the mitigation materials and the client’s demonstrated reform, the court imposed a suspended sentence with probation rather than immediate imprisonment. 

 

This outcome underscores that even where prior convictions exist, well-developed advocacy grounded in Corporate law principles, economic analysis, and transparency can shift judicial perception.

 

This case reinforces several corporate law lessons

 

• Verify authenticity and licensing for all branded goods sold online
• Avoid reliance on informal brokers or unverified supply chains
• Maintain documentation demonstrating lawful sourcing and brand permission
• Seek Corporate law counsel when expanding into cross-border or trademark-sensitive markets

 

Failure to follow these measures can escalate civil trademark exposure into criminal liability.

 


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The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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