According to California Penal Code Section 350 it is prohibited to willfully manufacture, intentionally sell, or knowingly possess for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office.
The prosecutor must be able to establish the following element to convict the defendant of manufacturing, sale, or possession for sale of counterfeit goods under PC Section 350:
Penalties for manufacturing or selling counterfeit marks under PC Section 350 depend on the value and the number of the counterfeit goods.
Manufacturing or selling counterfeit marks is a misdemeanor in case:
Manufacturing or selling counterfeit marks is a wobbler in case:
Wobbler is a crime that can be charged as either a misdemeanor or felony, depending on the number of factors.
Penalties for a felony conviction are the following:
In case the defendant has a prior conviction for manufacturing or selling counterfeit marks, then the second offense is always a wobbler even if the number of counterfeit goods is less than 1,000 and the value of counterfeit items is less than $950.
The penalties are the same as for a wobbler conviction with the exception in the amount of the fine:
The defendant will face harsher penalties if the manufacture or sale of the counterfeit items caused great bodily injury or death or to another person, who used the items, thinking that it was genuine. In that case, defendant always faces felony conviction with up to two, three or four years in a county jail.
Navigating the Process and Deadlines Under the FTCA When a federal employee or agency’s negligence injures someone, pursuing justice becomes…
Understanding a Motion to Dismiss and Seal a Criminal Record A motion to dismiss and seal a criminal record in…
The Future of Urban Mobility Takes Flight Los Angeles is on the edge of a transportation breakthrough as flying taxis…
Widespread Abuse in California Juvenile Facilities Over the last several years, disturbing accounts of sexual abuse, assault, and misconduct have…
In a landmark move, Governor Gavin Newsom recently signed a new bill into law. This bill dramatically reshapes the relationship…
The homelessness epidemic is the most visible crisis facing California cities. Encampments line sidewalks and parks, creating complex social and…