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United States v. Baker | 807 F.2d 427 (1986)
The ancient maxim says that ignorance of the law isn’t an excuse if one inadvertently violates it. But is that still the case? The Fifth Circuit considered that question in United States versus Baker.
Those who sold items bearing counterfeit trademarks used to be subject only to civil penalties. But in the Trademark Counterfeiting Act of nineteen eighty-four, Congress made trademark counterfeiting a criminal offense.
Paul Baker sold fake Rolex watches, knowing that that they were counterfeit. Charged with violating the act, Baker filed a motion to dismiss the charges, claiming that he didn’t know that Congress had passed the act, or that knowingly selling fake Rolexes had become a criminal act. The district court denied his motion and refused to instruct the jury that knowledge of the conduct’s criminality was an element of the offense. Baker was convicted, then appealed to the Fifth Circuit.
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