(a) A person commits the crime of felony 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 $1,000 or greater.
(b) The penalty for felony trademark counterfeiting is:
(1) Confinement in a state correctional facility for no less than one year nor more than five years or a fine not exceeding $10,000, or both a fine and confinement.
(2) 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 $20,000.
Structure West Virginia Code
Chapter 47. Regulation of Trade
Article 2. Trademarks in General
§47-2-3. Application for Registration
§47-2-4. Filing of Applications
§47-2-5. Certificate of Registration
§47-2-7. Assignments, Changes of Name and Other Instruments
§47-2-11. Fraudulent Registration
§47-2-13. Injury to Business Reputation; Dilution
§47-2-14a. Trademark Counterfeiting
§47-2-14b. Misdemeanor Trademark Counterfeiting; Penalty
§47-2-14c. Felony Trademark Counterfeiting; Penalty
§47-2-14d. Seizure, Forfeiture and Disposal
§47-2-15. Forum for Actions Regarding Registration; Service on Out-of-State Registrants
§47-2-19. Time of Taking Effect -- Repeal of Prior Articles; Intent of Article