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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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