2013 California Code
Business and Professions Code - BPC
DIVISION 7. GENERAL BUSINESS REGULATIONS
PART 3. REPRESENTATIONS TO THE PUBLIC
CHAPTER 4. Counterfeiting Abatement
17800

(a) If there is a conviction for a violation of Section 653w or paragraph (2) of subdivision (a) of Section 350 of the Penal Code by any person, then a nonresidential building or place used by that person for the purpose of willfully manufacturing, intentionally selling, or knowingly possessing for sale any counterfeit goods shall be deemed a nuisance which may be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. The remedies and procedures provided in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code may be applied by the court. For purposes of this section, an abatement under Section 11230 of the Penal Code is discretionary rather than mandatory and may be for a period up to one year.

(b) An owner shall be provided with 30 days notice prior to the filing of an action to abate a nuisance under the provisions of this section.

(c) As used in this chapter, counterfeit goods means (1) any counterfeit of a mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office or (2) any recording or audiovisual work, the cover, box, jacket, or label of which does not disclose the information as specified in subdivision (a) of Section 653w of the Penal Code.

(Added by Stats. 2009, Ch. 453, Sec. 1. Effective January 1, 2010. Repealed as of January 1, 2015, pursuant to Section 17802.)