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AN-HUNG YAO v. STATE

No. 35S02-1112-CR-704.

975 N.E.2d 1273 (2012)

AN-HUNG YAO and Yu-Ting Lin, Appellants-(Defendants below), v. STATE of Indiana, Appellee-(Plaintiff below).

Supreme Court of Indiana.

September 13, 2012.

Attorney(s) appearing for the Case

James H. Voyles , Tyler D. Helmond , Voyles, Zahn, Paul, Hogan & Merriman, Indianapolis, IN, Alan D. Burke , Burke Law Office, Rochester, IN, Jeremy N. Gayed , Michael H. Michmerhuizen , Barrett & McNagny LLP, Fort Wayne, IN, R.P. Fisher , Fisher & Ireland, Wabash, IN, Attorneys for Appellants.

Gregory F. Zoeller , Attorney General of Indiana, Jodi Kathryn Stein , Deputy Attorney General, Andrew A. Kobe , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

RUCKER, Justice.

Case Summary

Associated with a toy gun business, Defendants were charged with counterfeiting, theft, and corrupt business influence arising out of their conduct concerning toy semi-automatic weapons that were look-alikes of real weapons for which a gun manufacturer allegedly owned a federally protected trademark. Defendants moved to dismiss the charges; the trial court granted their motion with respect to counterfeiting on grounds that the...

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