Under Texas law, selling counterfeit "A$AP Rocky" merchandise outside a concert is not just a civil trademark problem - it is treated as the crime of trademark counterfeiting under Texas Penal Code Section 32.23, graded by the number of fake items and their retail value, and it can be charged alongside federal counterfeit-trafficking offenses. That criminal exposure is why the legal fight now unfolding on A$AP Rocky's tour matters far beyond the merch tables.
According to Music Business Worldwide, Bravado - Universal Music Group's merchandise division, which holds the exclusive right to use the A$AP Rocky trademarks on tour merchandise - obtained a temporary restraining order and seizure order from U.S. District Judge Sim Lake in the Southern District of Texas, Houston Division, on June 17, 2026. The order authorized U.S. Marshals, local police, and Bravado's agents to seize counterfeit shirts, caps, and other infringing goods within a three-mile radius of A$AP Rocky's "Don't Be Dumb World Tour" venues, including his June 20 Toyota Center show in Houston. Bravado's complaint asserts trademark infringement under 15 U.S.C. Section 1114 and false designation of origin under Section 43(a) of the Lanham Act.
That civil order describes classic "bootlegging." But at L & L Law Group, we field the question the headlines skip: what happens to the person actually caught selling the fake shirts? In Texas, that seller can face state criminal charges, and this commentary explains how those charges work in Frisco and across the DFW area.
What Crime Is Selling Counterfeit Merchandise in Texas?
Selling counterfeit branded goods in Texas is the offense of trademark counterfeiting under Texas Penal Code Section 32.23. A person commits this crime by knowingly manufacturing, displaying, advertising, distributing, offering for sale, selling, or possessing with intent to sell goods that bear a counterfeit mark - that is, a mark identical to or substantially indistinguishable from a registered trademark, used without the owner's consent. The statute is designed to reach exactly the conduct alleged against tour "bootleggers": pushing knockoff shirts and caps that copy an artist's registered marks.
Importantly, this is a state crime that stands on its own. A seller does not need to be sued in federal court, and the trademark owner does not need to win its civil case first, for a Texas prosecutor to bring a Section 32.23 charge.
How Serious Is a Trademark Counterfeiting Charge?
The seriousness depends on volume and value, because Section 32.23 is graded like a theft offense. The grade rises with the total retail value the counterfeit items would have sold for if genuine, and with the number of counterfeit items involved. A small handful of fake shirts may be a low-level misdemeanor, while a larger inventory - the kind seized in bulk near an arena tour - can climb into felony territory, exposing a defendant to state jail or prison time and substantial fines.
Texas also allows aggregation. Amounts and item counts from a single scheme or continuing course of conduct can be added together, so a seller working several tour dates may face a charge based on the combined haul rather than one night's sales.
Can Counterfeiting Be a Federal Crime Too?
Yes. The same conduct can trigger federal prosecution under 18 U.S.C. Section 2320, which makes it a crime to intentionally traffic in goods using a counterfeit mark. Federal penalties are steep - up to 10 years in prison for a first individual offense, with higher ceilings for repeat offenders - and federal authorities frequently pursue large counterfeiting operations. Because the A$AP Rocky seizure order issued from a Houston federal court, the same facts that support the civil Lanham Act claims could, in a different posture, support a federal criminal referral. A defendant can potentially face state and federal exposure arising from the same merchandise.
What Are the Defenses to a Counterfeiting Charge?
The defenses focus on knowledge and the mark itself. Section 32.23 requires that the seller acted "knowingly" - so a genuine lack of awareness that goods were counterfeit, such as a vendor who reasonably believed the inventory was licensed, attacks the required mental state. Other defenses challenge whether the mark is actually registered and protected, whether the accused item is truly "identical or substantially indistinguishable" from the real mark, and whether the State can prove the value or quantity it alleges. Because grading drives the punishment range, contesting the claimed retail value is often as important as contesting guilt. Chain-of-custody and lawful-search issues surrounding a seizure can also be pivotal.
What Happens Next After a Seizure in Texas?
After a seizure, the civil and criminal tracks can move in parallel. In the A$AP Rocky matter, the restraining order remained in effect pending a show-cause hearing where Bravado planned to seek a broader preliminary injunction covering the rest of the tour. On the criminal side, a Texas seller caught with counterfeit goods could be arrested, charged under Section 32.23, and have the fake merchandise held as evidence and later ordered destroyed. Early legal counsel matters because decisions about value, quantity, and intent made at the outset shape whether a case stays a misdemeanor or becomes a felony.
Frequently Asked Questions
Is buying a knockoff concert shirt a crime in Texas?
The Texas trademark counterfeiting statute, Penal Code Section 32.23, targets those who make, sell, distribute, or possess counterfeit goods with intent to sell - not typically the individual fan who buys one shirt for personal use. Criminal exposure centers on the sellers and suppliers, not ordinary purchasers.
Can someone be charged in Texas even if the trademark owner only filed a civil lawsuit?
Yes. A civil trademark case and a criminal counterfeiting charge are separate. A Texas prosecutor can pursue a Section 32.23 charge independently of any lawsuit, and a defendant may face both a civil claim and a criminal case over the same goods.
How is the punishment level for counterfeiting decided?
Section 32.23 is graded by the retail value the counterfeit items would have if genuine and by the number of items involved, similar to theft grading. Higher value and larger quantities push the offense from a misdemeanor toward felony ranges, and amounts from a single scheme can be aggregated.
How L & L Law Group Can Help
Trademark counterfeiting cases turn on details that a fast-moving arrest often gets wrong - whether the seller truly knew the goods were fake, how the retail value was calculated, and whether the seizure was lawful. At L & L Law Group, we defend clients across Frisco, Collin County, and the greater DFW area against property and fraud-related charges, scrutinizing the State's valuation, the knowledge element, and the search that produced the evidence. If you or someone you know is facing a counterfeiting, theft, or fraud allegation, contact L & L Law Group at (972) 370-5060 for a confidential consultation.
By Reggie London and Njeri London.