Pennsylvania Title 18, Section 4119, addresses the crime of trademark counterfeiting, including the manufacturing, sale, or distribution of counterfeit goods and related components. It defines the scope of counterfeit items, such as labels, packaging, and other components, and explains how to determine the retail value of counterfeit goods for legal purposes. The law aims to protect trademarks and prevent the sale of fake or imitation products.
Items such as goods, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, packaging, and other components intended for use with goods or services are considered counterfeit.
The retail value is based on the counterfeiter's regular selling price or, if applicable, the price of the authentic item. If no authentic counterpart exists, it is the counterfeiter's regular selling price. For components of finished products, each component is valued as if it were a finished good.
Penalties typically include criminal charges, fines, and possible imprisonment, depending on the severity and specifics of the counterfeit activity, as outlined in Pennsylvania's criminal code.
Yes, the law applies to the manufacture, sale, or distribution of counterfeit goods regardless of whether they are sold online or through physical stores.