647.135
Trademark counterfeiting.
(1) A person commits trademark counterfeiting if the person knowingly and with
the intent to sell or distribute and without the consent of the registrant
uses, displays, advertises, distributes, offers for sale, sells or possesses
any item that bears a counterfeit of a mark or any service that is identified
by a counterfeit of a mark registered under this chapter or registered under
this chapter or registered under 15 U.S.C. 1052 with knowledge that the mark is
counterfeit.
(2) For purposes
of this section, a mark is counterfeit if:
(a) It is a mark
that is identical to or substantially indistinguishable from a registered mark;
and
(b) It is used on
or in connection with the same type of goods or services for which the genuine
mark is registered.
(3) A person does
not commit trademark counterfeiting if the person has adopted and lawfully used
the same or a confusingly similar mark in the rendition of like services or the
manufacture of like goods in this state from a date before the effective date
of registration of the service mark or trademark and continues to use the mark
after the effective date of registration. [1999 c.722 §2]
Notes of Decisions
Commonwealth v. Omar, 981 A.2d 179 (Pa. 2009).
· cites it 2× “Or.Rev.Stat. § 647.135 (emphasis added). [10] Texas criminalizes the following behavior: A person commits an offense if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a counterfeit…”
State v. Northcutt, 268 P.3d 154 (Or. Ct. App. 2011).
· cites it 2× “145 provides, in part: “(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 and: “(A) Has one prior conviction for trademark counterfeiting in any degree; “(B) The total…”
State v. Hung Ngoc Truong, 337 P.3d 845 (Or. Ct. App. 2014).
· cites it 4× “145 provides, in part: “(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 and: “(A) Has one prior conviction for trademark counterfeiting in any degree; “(B) The total…”
— Or. Rev. Stat. § 647.135(1) — 1 case
State v. Northcutt, 268 P.3d 154 (Or. Ct. App. 2011).
“145 provides, in part: “(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 and: “(A) Has one prior conviction for trademark counterfeiting in any degree; “(B) The total…”
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