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.