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Trademark Counterfeiting

 § 4119.  Trademark counterfeiting.
        (a)  Offense defined.--Any person who knowingly and with
     intent to sell or to otherwise transfer for purposes of
     commercial advantage or private financial gain:
            (1)  manufactures;
            (2)  sells;
            (3)  offers for sale;
            (4)  displays;
            (5)  advertises;
            (6)  distributes; or
            (7)  transports
     any items or services bearing or identified by a counterfeit
     mark shall be guilty of the crime of trademark counterfeiting.
        (b)  (Reserved).
        (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 the defendant
     manufactures, sells, offers for sale, displays, advertises,
     distributes or transports.
        (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.
        (f)  Seizure, forfeiture and disposition.--
            (1)  Any items bearing a counterfeit mark, any property
        constituting or derived from any proceeds obtained, directly
        or indirectly, as the result of an offense under this section
        and all personal property, including, but not limited to, any
        items, objects, tools, machines, equipment, instrumentalities
        or vehicles of any kind, used in connection with a violation
        of this section shall be seized by a law enforcement officer.
            (2)  (i)  All seized personal property referenced in
            paragraph (1) shall be forfeited in accordance with the
            procedures set forth in section 6501(d) (relating to
            scattering rubbish).
                (ii)  Upon the conclusion of all criminal and civil
            forfeiture proceedings, the court shall order that
            forfeited items bearing or consisting of a counterfeit
            mark be destroyed or alternatively disposed of in another
            manner with the written consent of the trademark owners
            and the prosecuting attorney responsible for the charges.
            (3)  (i)  If a person is convicted of an offense under
            this section, the court shall order the person to pay
            restitution to the trademark owner and to any other
            victim of the offense.
                (ii)  In determining the value of the property loss
            involving an offense against the trademark owner, a court
            shall grant restitution for all amounts, including
            expenses incurred by the trademark owner in the
            investigation and prosecution of the offense as well as
            the disgorgement of any profits realized by a person
            convicted of the offense.
        (g)  Evidence.--Any Federal or State certificate of
     registration 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."  A spurious mark that meets all of the
     following:
            (1)  Is applied to, used or intended to be used in
        connection with an item or service.
            (2)  Is identical with or substantially indistinguishable
        from a mark registered and in use in this Commonwealth, any
        other state or on the principal register in the United States
        Patent and Trademark Office, whether or not the person knew
        the mark was registered.
            (3)  The application of which is either:
                (i)  likely to cause confusion, to cause mistake or
            to deceive; or
                (ii)  otherwise intended to be used on or in
            connection with the item or service for which the mark is
            registered.
        "Item."  Any of the following:
            (1)  Goods.
            (2)  Labels.
            (3)  Patches.
            (4)  Fabric.
            (5)  Stickers.
            (6)  Wrappers.
            (7)  Badges.
            (8)  Emblems.
            (9)  Medallions.
            (10)  Charms.
            (11)  Boxes.
            (12)  Containers.
            (13)  Cans.
            (14)  Cases.
            (15)  Hangtags.
            (16)  Documentation.
            (17)  Packaging.
            (18)  Any other components of a type or nature that are
        designed, marketed or otherwise intended to be used on or in
        connection with any goods or services.
        "Retail value."  One of the following:
            (1)  The counterfeiter's regular selling price for the
        item or service bearing or identified by a counterfeit mark,
        except that it shall be the retail price of the authentic
        counterpart if the item or service bearing or identified by a
        counterfeit mark would appear to a reasonably prudent person
        to be authentic. If no authentic reasonably similar
        counterpart exists, the retail value shall be the
        counterfeiter's regular selling price.
            (2)  If the items bearing a counterfeit mark are
        components of a finished product, the retail value shall be
        treated as if each component were a finished good and valued
        under paragraph (1).
     (Oct. 16, 1996, P.L.715, No.128, eff. 60 days; Oct. 19, 2010,
     P.L.517, No.74, eff. 60 days)