I'm no attorney, but according to www.naw.org, It is illegal for any person to intentionally traffic, or attempt to traffic, in goods or services and knowingly use a counterfeit trademark on or in connection (such as product labeling and packaging) with those goods or services. The term “traffic” is broadly defined to include the sale of a product that bears a counterfeit trademark. Traffic also means transporting, transferring or otherwise disposing of a product for money or anything of value.
A counterfeit trademark means a spurious mark or designation (e.g., packaging, labeling) that is identical with, or substantially indistinguishable from, a trademark which is registered in the U.S. Patent and Trademark Office, and is used on goods without the consent of the trademark owner. A counterfeit certification mark is considered a counterfeit trademark. Criminal liability requires that the seller had actual knowledge, or constructive knowledge (reasonably should have known under the circumstances), that the product or its labeling or packaging contained a counterfeit trademark.
The penalty under the federal law:
Imprisonment – Up to 10 years for the first offense and up to 20 years for a repeat offender.
Fines – Up to $15.0 million for corporations and $5.0 million for individuals who are repeat offenders.
Seizure and destruction of the counterfeit products in the wholesaler-distributor’s possession.
Civil lawsuits by the trademark owner under the federal trademark law for the recovery of damages, lost profits, attorneys’ fees and injunctive relief.