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WEST VIRGINIA CODE

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WVC 47 - 2 - 14 B §47-2-14b. Misdemeanor trademark counterfeiting; penalty.

     (a) A person commits the crime of misdemeanor trademark counterfeiting if the person commits trademark counterfeiting as described in section fourteen-a of this article and the total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is less than $1,000.

     (b) The penalty for misdemeanor trademark counterfeiting is:

     (1) For a first violation, confinement in jail for not more than one year, or a fine not exceeding $2,000, or both a fine and confinement; and

     (2) For each subsequent violation, confinement in jail for not more than one year, or a fine not exceeding $5,000, or both a fine and confinement.

     (3) If the person convicted under this section is a firm, partnership, corporation, union, association or other organization capable of suing and being sued in a court of law, the maximum fine that may be imposed is $10,000.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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