Trademarks and Service Marks

ORS 647.145
Trademark counterfeiting in second degree

  • penalty


(1)

A person commits the crime of trademark counterfeiting in the second degree if the person:

(a)

Commits trademark counterfeiting as described in ORS 647.135 (Trademark counterfeiting) and:

(A)

Has one prior conviction for trademark counterfeiting in any degree;

(B)

The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; or

(C)

The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000.

(b)

Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark.

(2)

Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding ORS 161.655 (Fines for corporations), if the person is convicted under:

(a)

Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000.

(b)

Subsection (1)(b) of this section and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000. [1999 c.722 §4]

Source

Last accessed
Jun. 26, 2021