2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 41 - Forgery and Fraudulent Practices
4119 - Trademark counterfeiting.

     § 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.