District Of Columbia § 22-902 - Trademark counterfeiting.
Full text of District Of Columbia D.C. Code § 22-902 — Trademark counterfeiting., with citation guidance and answers to common questions.
§ 22-902. Trademark counterfeiting.
22-902A person commits the offense of counterfeiting if such person willfully manufactures, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute any items, or services bearing or identified by a counterfeit mark. There shall be a rebuttable presumption that a person having possession, custody, or control of more than 15 items bearing a counterfeit mark possesses said items with the intent to sell or distribute.
A person convicted of counterfeiting shall be subject to the following penalties:
For the first conviction, except as provided in paragraphs (2) and (3) of this subsection, by a fine not more than the amount set forth in or by imprisonment for not more than 180 days, or both;
For the second conviction, or if convicted under this section of an offense involving more than 100 but fewer than 1,000 items, or involving items with a total retail value greater than $1,000 but less than $10,000, by a fine not more than the amount set forth in or by imprisonment for not more than 3 years, or both; and
For the third or subsequent conviction, or if convicted under this section of an offense involving the manufacture or production of items bearing counterfeit marks involving 1,000 or more items, or involving items with a total retail value of $10,000 or greater, by a fine not more than the amount set forth in or by imprisonment for not more than 10 years, or both.
For the purposes of this chapter, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, advertises, distributes, offers for sale, sells, or possesses.
The fines provided in subsection (b) of this section shall be no less than twice the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.
Any items bearing a counterfeit mark and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities, or vehicles of any kind, employed or used in connection with a violation of this chapter shall be seized by any law enforcement officer, including any designated civilian employee of the Metropolitan Police Department, in accordance with the procedures established by .
All seized personal property shall be subject to forfeiture pursuant to the standards and procedures set forth in .
Upon the request of the owner of the intellectual property, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition.
If the owner of the intellectual property does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the owner of the intellectual property consents to another disposition.
Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
The remedies provided for herein shall be cumulative to the other civil and criminal remedies provided by law.
Annotations
, referred to in (e)(1), enacted ( et seq.), made amendments to the criminal offenses in §§ 48-901.02 and 48-905.02, and made conforming amendments to §§ 7-2507.06a, 8-905, 22-902, 22-1705, 22-2723, 32-1343, 48-905.03, and 50-1501.04.
Applicability of : Section 401 of provided that the act shall apply only to offenses committed on or after June 11, 2013.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 22-902
What does D.C. Code § 22-902 cover?
Section 22-902 ("Trademark counterfeiting.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 22-902?
A common citation format is "D.C. Code § 22-902" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 22-902 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.