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Services, which primarily makes and sells T-shirts but, at some point, also began selling
knockoff Oakley sunglasses. The plaintiff stated that he considered knockoff sunglasses to
be different from counterfeit sunglasses in that a counterfeit item is "made to look identical
to the authentic one, and it's passed off as being the original item," whereas a knockoff item
is "something that is similar" but is "sold at a much cheaper price." The plaintiff explained
that his business began selling knockoff Oakley sunglasses after he had met a vendor who
had been selling them at an event in Madison, Illinois. The plaintiff testified that, prior to
selling the sunglasses, he had contacted a United States Customs Service (Customs) agent
and the Illinois State Police about the legality of doing so. After speaking with the Customs
agent, the plaintiff concluded that it was not illegal to sell the sunglasses. Thereafter, the
plaintiff sold the sunglasses for $5 to $10 per pair on an "on and off" basis, generally via
racks located in convenience stores. The racks advertised the sunglasses as "Designer
Alternatives," and the plaintiff testified that he had never represented to anyone that the
knockoff sunglasses were genuine Oakley sunglasses. He had also sold the sunglasses to
members of the Collinsville police department, including Chief Williams and other superior
officers. After he was questioned by the FBI about his sales of the sunglasses and he learned
that selling them was illegal, he turned over all the knockoff sunglasses that he had and
agreed to assist in efforts to arrest the individual who had supplied him with them. At one
point, the plaintiff was supposed to fly to New York to meet with the supplier, but the
investigation was compromised. The plaintiff indicated that before he entered his guilty plea
in federal court, he was concerned about his career as a police officer but was advised that
the crime to which he had pled guilty was not an impeachable offense. The plaintiff testified
that he had sold the knockoff sunglasses to raise extra money for his family but that he would
not have sold them had he known that doing so was illegal. The plaintiff indicated that he
wanted to continue being a police officer for the City of Collinsville and that he believed that
