Counterfeit marks.

Any person who willfully manufactures, intentionally sells, or knowingly possesses 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 is guilty of a felony, punishable, upon conviction, by a fine, or imprisonment, or both, as specified. In any action brought pursuant to this provision, existing law authorizes, upon request of any law enforcement agency and consent from the specific registrants, the court to consider a motion to have goods, articles, or other matter bearing the marks, and other devices that were used in connection with that crime, excluding certain recordings or audiovisual works, donated to a nonprofit organization for the purpose of distributing the goods to persons living in poverty at no charge to the persons served by the organization. For purposes of these provisions, a person includes a business entity. This bill would additionally provide immunity for any person, including, but not limited to, law enforcement, from liability to any person for costs, damages, or other claims or expenses as a result of actions taken or omitted in good faith in the course of donating goods pursuant to this provision. The bill would also provide that no person who is granted immunity by this provision shall be criminally prosecuted or be subjected to any criminal penalty for or because of any action taken or omitted in good faith in the course of donating goods pursuant to this provision.