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Oregon · Through 2025 Edition

ORS 647.145: Trademark counterfeiting in second degree; penalty.

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Where this section sits in the code
  1. 16 - Trade Practices, Labor and Employment
  2. 50. Trade Regulations and Practices
  3. Chapter 647 — Trademarks and Service Marks; Music Royalties

(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 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, 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.

Collected 2026-09-03T23:50:16Z. Source file · JSON

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