This is a trademark infringement suit, not a criminal trial. (This means he is not being "tried" or "sentenced" and it's not like he's risking jail time.) Upd

This is a trademark infringement suit, not a criminal trial. (This means he is not being "tried" or "sentenced" and it's not like he's risking jail time.) Update: It actually is possible for willful trademark infringement to lead to changes of "criminal counterfeiting" although this particular case was a civil suit brought by Apple, not a criminal case brought by the state. http://en.wikibooks.org/wiki/US_Trademark_Law#Criminal_counterfeiting http://en.wikibooks.org/wiki/US_Trademark_Law#Criminal_count...