February 6, 2026 | Criminal Defense
Counterfeit merchandise charges might seem minor compared to other criminal offenses. However, they can actually lead to serious consequences under Kentucky law, including the possibility of jail time on top of substantial fines.
Learning about the elements of this offense and what prosecutors must prove to convict you is a good first step you can take toward protecting yourself. Here’s what you should know about counterfeit merchandise charges in Kentucky and how an experienced criminal defense lawyer can help.
What Is Considered Counterfeit Merchandise in Kentucky?
Per Kentucky Revised Statutes (KRS) § 365.241, counterfeit merchandise is based on the improper use of another person’s intellectual property. Essentially, these products are designed to deceive consumers into thinking they’re buying authentic items.
Common examples of counterfeit merchandise include:
- Imitation designer handbags and watches
- Fake athletic apparel and footwear
- Knockoff electronics and accessories
- Counterfeit pharmaceuticals
The law applies to both sellers and distributors. This means that merely possessing counterfeit items with the intent to sell them can result in criminal charges.
Counterfeit Merchandise Charges Under Kentucky Law
According to KRS § 365.241(2), it is illegal when a person “willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute any item or service that the person knows bears or is identified by a counterfeit mark.”
With this definition in mind, there is both an intent component as well as a knowledge component that the prosecution must prove beyond a reasonable doubt. For example, they must establish that you intended to sell merchandise that you knew was counterfeit.
Penalties for Counterfeit Merchandise Charges in Kentucky
The penalties for counterfeit merchandise in Kentucky depend on the total retail value of the counterfeit goods involved and other case-specific factors.
Per KRS § 365.241(4):
- Less than $1,000: Class A misdemeanor, punishable by up to 12 months in jail and fines
- More than $1,000: Class D felony, punishable by 1 to 5 years in prison and fines
The fines in these cases can be especially severe, possibly constituting three times the value of the counterfeit items in question.
Possible Defenses to Counterfeit Merchandise Charges
Since each case has unique circumstances, your defense strategy will depend on the facts of your specific situation.
However, your criminal defense attorney may use one or more of the following defenses to challenge the charges against you:
- Lack of knowledge: You did not know the merchandise was counterfeit
- No intent to sell: You possessed the goods for personal use, not for commercial purposes
- Insufficient evidence: The evidence against you is not sufficient to meet the burden of proof
- Illegal search and seizure: The evidence was obtained in violation of your Fourth Amendment rights
- Mistaken identity: You were not the person responsible for distributing the goods
In some cases, it may be possible to negotiate a reduction of your charges or pursue a pretrial diversion if you have no prior criminal record. However, it should be noted that no outcome is guaranteed.
Contact Our Louisville Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
If you’re facing counterfeit merchandise charges in Louisville, KY, Suhre & Associates DUI and Criminal Defense Lawyers is here to help. The penalties can be serious, but our experienced Louisville defense attorneys can help you understand your legal options and fight to protect your rights as best as they can under the law.
Contact us today for a free consultation to learn about your next steps moving forward.
Give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A,
Louisville, KY 40202
(502) 371-7000