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4119 - Trademark counterfeiting.

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§ 4119.Trademark counterfeiting.(a)Offense defined.--Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting.(b)Presumption.--A person having possession, custody or control of more than 25 items bearing a counterfeit mark may be presumed to possess said items with intent to sell or distribute.(c)Penalties.--(1)Except as provided in paragraphs (2) and (3), aviolation of this section constitutes a misdemeanor of thefirst degree.(2)A violation of this section constitutes a felony ofthe third degree if:(i)the defendant has previously been convictedunder this section; or(ii)the violation involves more than 100 but lessthan 1,000 items bearing a counterfeit mark or the totalretail value of all items or services bearing oridentified by a counterfeit mark is more than $2,000, butless than $10,000.(3)A violation of this section constitutes a felony ofthe second degree if:(i)the defendant has been previously convicted oftwo or more offenses under this section;(ii)the violation involves the manufacture orproduction of items bearing counterfeit marks; or(iii)the violation involves 1,000 or more itemsbearing a counterfeit mark or the total retail value ofall items or services bearing or identified by acounterfeit mark is more than $10,000.(d)Quantity or retail value.--The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services bearing or identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.(e)Fine.--Any person convicted under this section shall be fined in accordance with existing law or an amount up to three times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant.(f)Seizure, forfeiture and disposition.--(1)Any items bearing a counterfeit mark and allpersonal property, including, but not limited to, any items,objects, tools, machines, equipment, instrumentalities orvehicles of any kind, knowingly employed or used inconnection with a violation of this section may be seized byany law enforcement officer.(2)All seized personal property referenced in paragraph(1) shall be forfeited in accordance with applicable lawunless the prosecuting attorney responsible for the chargesand the intellectual property owner consent in writing toanother disposition.(g)Evidence.--Any Federal or State certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.(h)Remedies cumulative.--The remedies provided for in this section shall be cumulative to the other civil and criminal remedies provided by law.(i)Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Counterfeit mark."Any of the following:(1)Any unauthorized reproduction or copy ofintellectual property.(2)Intellectual property affixed to any item knowinglysold, offered for sale, manufactured or distributed oridentifying services offered or rendered, without theauthority of the owner of the intellectual property."Intellectual property."Any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that person's goods or services."Retail value."The counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized. (Oct. 16, 1996, P.L.715, No.128, eff. 60 days)1996 Amendment.Act 128 added section 4119.
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  • § 4119. Trademark counterfeiting. (a) Offense defined.--Any person who knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting. (b) Presumption.--A person having possession, custody or control of more than 25 items bearing a counterfeit mark may be presumed to possess said items with intent to sell or distribute. (c) Penalties.-- (1) Except as provided in paragraphs (2) and (3), a violation of this section constitutes a misdemeanor of the first degree. (2) A violation of this section constitutes a felony of the third degree if: (i) the defendant has previously been convicted under this section; or (ii) the violation involves more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $2,000, but less than $10,000. (3) A violation of this section constitutes a felony of the second degree if: (i) the defendant has been previously convicted of two or more offenses under this section; (ii) the violation involves the manufacture or production of items bearing counterfeit marks; or (iii) the violation involves 1,000 or more items bearing a counterfeit mark or the total retail value of all items or services bearing or identified by a counterfeit mark is more than $10,000. (d) Quantity or retail value.--The quantity or retail value of items or services shall include the aggregate quantity or retail value of all items or services bearing or identified by every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses. (e) Fine.--Any person convicted under this section shall be fined in accordance with existing law or an amount up to three times the retail value of the items or services bearing or identified by a counterfeit mark, whichever is greater, unless extenuating circumstances are shown by the defendant. (f) Seizure, forfeiture and disposition.-- (1) Any items bearing a counterfeit mark and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, knowingly employed or used in connection with a violation of this section may be seized by any law enforcement officer. (2) All seized personal property referenced in paragraph (1) shall be forfeited in accordance with applicable law unless the prosecuting attorney responsible for the charges and the intellectual property owner consent in writing to another disposition. (g) Evidence.--Any Federal or State certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein. (h) Remedies cumulative.--The remedies provided for in this section shall be cumulative to the other civil and criminal remedies provided by law. (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Counterfeit mark." Any of the following: (1) Any unauthorized reproduction or copy of intellectual property. (2) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured or distributed or identifying services offered or rendered, without the authority of the owner of the intellectual property. "Intellectual property." Any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that person's goods or services. "Retail value." The counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized. (Oct. 16, 1996, P.L.715, No.128, eff. 60 days) 1996 Amendment. Act 128 added section 4119.

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