{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1990.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1990.2","heading":"Use, possession, distribution, manufacture, etc. of","body":"item bearing counterfeit mark – Penalties – Seizure and forteiture –\n\nCivil actions – Damages and attorney fees.\n\nA. Except as provided in subsections B and C of this section, a\n\nperson who knowingly and with intent to sell or distribute, uses,\n\ndisplays, advertises, distributes, offers for sale, sells or\n\npossesses any item that bears a counterfeit mark or any service that\n\nis identified by a counterfeit mark shall, upon conviction, be\n\nguilty of a misdemeanor punishable by imprisonment in the county\n\njail not exceeding one (1) year, or by a fine not exceeding One\n\nThousand Dollars ($1,000.00), or by both such fine and imprisonment.\n\nB. Any person who commits any prohibited act proscribed in\n\nsubsection A of this section shall, upon conviction, be guilty of a\n\nClass D1 felony offense punishable by imprisonment as provided for\n\nin subsections B through F of Section 20N of this title, or by a\n\nfine of not more than the retail value of such items or services, or\n\nboth such fine and imprisonment, if either:\n\n1. The person has one previous conviction under any provision\n\nof this section; or\n\n2. At least one of the following exists:\n\na. the violation involves more than one hundred but fewer\n\nthan one thousand items that bear the counterfeit\n\nmark, or\n\nb. the total retail value of all of the items or services\n\nthat bear or are identified by the counterfeit mark is\n\nmore than One Thousand Dollars ($1,000.00) but less\n\nthan Ten Thousand Dollars ($10,000.00).\n\nC. Any person who knowingly manufactures or produces with\n\nintent to sell or distribute any item that bears a counterfeit mark\n\nor any service that is identified by a counterfeit mark shall, upon\n\nconviction, be guilty of a Class D1 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of this title, or by a fine not exceeding three times the retail\n\nvalue of such items or services, or by both such fine and\n\nimprisonment.\n\nD. Any person who commits any prohibited act proscribed by\n\nsubsection A of this section shall, upon conviction, be guilty of a\n\nClass D1 felony offense punishable by imprisonment as provided for\n\nin subsections B through F of Section 20N of this title, or by a\n\nfine not exceeding three times the retail value of such items or\n\nservices, or by both such fine and imprisonment if either:\n\n1. The person has two or more previous convictions under this\n\nsection; or\n\n2. At least one of the following exists:\n\na. the violation involves at least one thousand items\n\nthat bear the counterfeit mark, or\n\nb. the total retail value of all of the items or services\n\nthat bear or are identified by the counterfeit mark is\n\nat least Ten Thousand Dollars ($10,000.00).\n\nE. For purposes of this section, any person who knowingly has\n\npossession, custody or control of at least twenty-six items that\n\nbear a counterfeit mark is presumed to possess the items with intent\n\nto sell or distribute the items.\n\nF. In any criminal proceeding in which a person is convicted of\n\na violation of any provision of this section, the court may order\n\nthe convicted person to pay restitution to the intellectual property\n\nowner in addition to any other provision allowed by law.\n\nG. The investigating law enforcement officer may seize any item\n\nthat bears a counterfeit mark and all other personal property that\n\nis employed or used in connection with a violation of this section,\n\nincluding any items, objects, tools, machines, equipment,\n\ninstrumentalities or vehicles. All personal property seized\n\npursuant to this section shall be subject to forfeiture according to\n\nSection 1738 of this title.\n\nH. After a forfeiture has been ordered by the district court, a\n\nlaw enforcement officer shall destroy all seized items that bear a\n\ncounterfeit mark; however, if the counterfeit mark is removed from\ns, objects, tools, machines, equipment,\n\ninstrumentalities or vehicles. All personal property seized\n\npursuant to this section shall be subject to forfeiture according to\n\nSection 1738 of this title.\n\nH. After a forfeiture has been ordered by the district court, a\n\nlaw enforcement officer shall destroy all seized items that bear a\n\ncounterfeit mark; however, if the counterfeit mark is removed from\n\nthe seized items, the intellectual property owner may recommend to\n\nthe court that the seized items be donated to a charitable\n\norganization.\n\nI. Any certificate of registration of any intellectual property\n\npursuant to state or federal law is prima facie evidence of the\n\nfacts stated in the certificate of registration and may be used at\n\ntrial.\n\nJ. In addition to other remedies allowed by law, an\n\nintellectual property owner who sustains a loss as a result of any\n\nviolation of this section may file a civil action against the\n\ndefendant for recovery of up to treble damages and the costs of the\n\nsuit including reasonable attorney fees.\n\nK. The remedies provided in this section are cumulative to all\n\nother civil and criminal remedies provided by law.\n\nL. For the purposes of this section, the quantity or retail\n\nvalue of items or services includes the aggregate quantity or retail\n\nvalue of all items that the defendant manufactures, uses, displays,\n\nadvertises, distributes, offers for sale, sells or possesses and\n\nthat bear a counterfeit mark or that are identified by a counterfeit\n\nmark.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"dc19363f94256fa8ff79d2f7a812d6ec17f0829ae1dad78087c99f1ab0f2aec6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1990.1","next":"us-ok/okla.-stat.-tit.-21-21-1992"},"notice":"GroundRules: Original legal text. Not legal advice."}