STATE v. MARCHIANI


765 A.2d 765 (2001)

336 N.J. Super. 541

STATE of New Jersey, Plaintiff-Appellant, v. Phillip MARCHIANI and Lillian Buonfiglio Marchiani, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 2001.


Attorney(s) appearing for the Case

John J. Farmer, Jr., Attorney General, for appellant (Meredith A. Cote, Deputy Attorney General, of counsel and on the brief).

Jacobs & Barbone, Atlantic City, for respondents (Louis M. Barbone, on the brief).

Before Judges HAVEY, WEFING and LEFELT.


The opinion of the court was delivered by LEFELT, J.A.D.

An Atlantic County grand jury indicted defendants Phillip Marchiani and Lillian Buonfiglio Marchiani for selling items bearing counterfeit trademarks, contrary to the Trademark Counterfeiting Act, N.J.S.A. 2C:21-32, ("TCA"). The Atlantic County Assignment Judge concluded that the TCA only protected defendants' customers from deceit or fraud and did not protect the trademark owners or any other persons...

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