2015 ORS 647.145¹
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]


1 Legislative Counsel Committee, CHAPTER 647—Trademarks and Service Marks; Music Royalties, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors647.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.