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PEOPLE v. EBELECHUKWU

No. 1-08-1105.

937 N.E.2d 222 (2010)

403 Ill. App.3d 62

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Chukwuemeka EBELECHUKWU, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

July 28, 2010.

Attorney(s) appearing for the Case

Anita Alvarez , State's Attorney, County of Cook ( James E. Fitzgerald , Alan J. Spellberg and Anthony O'Brien , of counsel), for Appellant.

Stephen L. Richards , Chicago, for Appellee.

Justice COLEMAN delivered the opinion of the court:

The issue we consider on this appeal is whether the Trademark Counterfeiting Act of 1984 (18 U.S.C. § 2320(a) (2006)) preempts the State from prosecuting defendant, Chukwuemeka Ebelechukwu, under the Illinois Counterfeit Trademark Act (765 ILCS 1040/2 (West 2006)).

Defendant was indicted by a grand jury on one count of possessing over 2,000 pairs of shoes bearing a counterfeit Nike trademark in violation...

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