California Penal Code §350 — Counterfeit Marks
PC §350 punishes willful manufacture, intentional sale, or knowing possession for sale of any counterfeit trademark, service mark, or 'article bearing a counterfeit mark.' It is a wobbler tiered by quantity and value: misdemeanor up to 1 year in county jail for smaller offenses; felony (16 months, 2, or 3 years prison) for 1,000+ articles OR $10,000+ in retail value. Second offenses and organized operations escalate quickly, and virtually every §350 case draws parallel federal 18 U.S.C. §2320 trafficking-in-counterfeit-goods exposure.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Counterfeit Marks Cases in All LA County Courts
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01 — Quick Facts
PC §350 — Counterfeit Marks at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §350 — Manufacture or Sale of Counterfeit Marks |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Misdemeanor Penalty | Up to 1 year county jail + $10,000 fine |
| Felony Penalty | 16 mo, 2, or 3 yrs prison + $500,000 fine |
| Felony Trigger | 1,000+ articles OR $10,000+ retail value |
| Federal Overlap | 18 U.S.C. §2320 — up to 10 years federal |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §350?
What Is California Penal Code §350?
PC §350 Reads:
"Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit of a mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office, shall, upon conviction, be punishable..."
— California Penal Code §350(a)
PC §350 is California's trademark-counterfeiting statute. It targets the manufacture, sale, or possession-for-sale of goods bearing counterfeit registered trademarks or service marks — from fake designer handbags and shoes to counterfeit electronics, pharmaceuticals, and auto parts. §350 tracks federal 18 U.S.C. §2320 closely, and state and federal agencies routinely coordinate raids and prosecutions. Retail-value calculation drives the wobbler tier: the statute values the article at 'the retail value of an authentic item,' not the counterfeit's street price.
PC §350 vs. Federal §2320 vs. BPC §14340
§350 = state counterfeit-trademark crime. 18 U.S.C. §2320 = federal trafficking in counterfeit goods (up to 10 years first offense; 20 years second). BPC §14340 = California civil trademark-infringement damages. Many defendants face all three simultaneously — a state prosecution, a federal parallel case, and civil suits from brand owners.
PC §350 — State Counterfeit Marks
Manufacture/sell/possess-for-sale counterfeit-marked articles. Wobbler.
18 U.S.C. §2320 — Federal Trafficking
Federal trafficking in counterfeit goods. Up to 10 years first offense, 20 years second.
Why §350 Cases Are Far More Serious Than They Look
Street vendors often view counterfeit handbags as minor offenses. In reality, §350 is a wobbler with mandatory five-figure to seven-figure fines, mandatory asset forfeiture, and near-automatic federal §2320 exposure. Brand owners (LVMH, Nike, Gucci, Chanel, Rolex) fund parallel civil suits with statutory damages up to $2 million per counterfeit mark under 15 U.S.C. §1117(c). Immigration-wise, §350 is a crime of moral turpitude and, at $10,000+ loss, an aggravated felony triggering mandatory removal.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §350
To convict under PC §350 the People must prove each element beyond a reasonable doubt.
Willful Manufacture, Intentional Sale, or Knowing Possession for Sale
The defendant manufactured, sold, or possessed for sale — mere ownership without intent to sell is not §350.
Counterfeit of a Registered Mark
The mark is a counterfeit of a state- or federally-registered trademark or service mark. 'Counterfeit' means identical or substantially indistinguishable from the genuine mark.
Applied to Goods or Services
The counterfeit mark was actually applied to articles or used in offering services — not merely a printout or design file.
03 — Degrees
PC §350 — Tiers & Degrees
PC §350 is a wobbler tiered by quantity and value.
Misdemeanor §350(a)(1)
Default tier — <1,000 articles and <$10,000 in aggregate retail value. First-offense street vendors typically prosecuted here.
Felony §350(a)(2)
1,000+ articles OR $10,000+ retail value OR second offense. Straight felony filing common in DA counterfeit-goods task-force cases.
Felony §350 + Enhancements
Aggravated white-collar (§186.11) or organized-crime allegations push exposure over 5 years. Federal §2320 parallels routine.
04 — Penalties
Penalties for PC §350 Counterfeit Marks in California
PC §350 exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §350 | PC §350(a)(1) | Up to 1 year county jail, $10,000 fine | Available | No |
| Felony §350 | PC §350(a)(2) | 16 mo, 2, or 3 years prison, $500,000 fine | Available | No |
| Federal Trafficking (Parallel) | 18 U.S.C. §2320 | Up to 10 years first offense; 20 years second | Available | No |
| White-Collar Enhancement | PC §186.11 | +1 to +5 years for aggregated $100,000+ loss | No | No |
Aggravating Companion Charges
Federal Trafficking
18 U.S.C. §2320
Federal parallel prosecution — up to 10 years first offense; 20 years second; 30 years if death results (pharmaceuticals).
Federal Smuggling
18 U.S.C. §545
Import of counterfeit goods — up to 20 years federal.
Aggravated White-Collar Crime
PC §186.11
Aggregate loss >$100,000 adds 1–5 years.
Money Laundering
PC §186.10 / 18 U.S.C. §1956
Bank deposits of counterfeit proceeds add state or federal ML charges.
Conspiracy
PC §182 / 18 U.S.C. §371
Multi-defendant crews and importers face conspiracy exposure identical to the underlying counts.
Collateral Consequences
- Mandatory forfeiture of counterfeit goods, manufacturing equipment, and proceeds
- Federal §2320 parallel prosecution with 10–20 year exposure
- Civil suits by brand owners with statutory damages up to $2 million per mark (15 U.S.C. §1117(c))
- Aggravated felony immigration consequences at $10,000+ loss
- Business-license revocation and vendor-permit bar
- Restitution to brand owners under PC §1202.4
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §350 Counterfeit Marks Charges
Rubin Law, P.C. defends state and federal counterfeit-goods cases with trademark experts, supply-chain forensics, and forfeiture challenges.
No Intent to Sell — Personal Use
Client purchased items for personal use only. Absence of pricing, packaging for resale, inventory records, or storefront defeats the 'possession for sale' element.
PC §350
Not 'Counterfeit' — Substantially Different
The mark is evocative or inspired, not 'substantially indistinguishable' from the registered mark. Parody, generic, and clearly-different marks fall outside §350.
15 U.S.C. §1127
Lack of Knowledge
Client received goods from a wholesaler without knowledge of counterfeit status. §350 requires knowing possession — genuine ignorance is a defense.
PC §350(a)
Illegal Search of Storage / Warehouse
PC §1538.5 suppression of warehouse/vehicle seizures obtained without warrant or beyond warrant scope. Riley v. California controls device searches.
Riley v. California
Miscalculated Retail Value
People overstate 'authentic retail' value to trigger felony tier. Independent trademark-expert appraisal can drop case below the $10,000 threshold — misdemeanor treatment.
PC §350(a)(2)
Federal Petite Policy
Successfully argue for state dismissal or non-filing where federal §2320 case already resolves the conduct — avoid duplicative registration/forfeiture.
US DOJ Petite Policy
Constitutional Sources
07 — Court Process
How PC §350 Counterfeit Marks Cases Move Through Los Angeles Courts
How a PC §350 counterfeit-goods case moves through LA County and federal courts.
- 1
Step 1 — Investigation / Raid
Cases begin with brand-owner referrals, ICE / HSI shipment interceptions, or LA County Counterfeit Task Force raids. Bulk seizure of goods and manufacturing equipment is standard.
- 2
Step 2 — State vs. Federal Filing Decision
US Attorney's Office often takes cases over $500,000 in retail value or with import/interstate elements. State DA handles retail and mid-tier.
- 3
Step 3 — Arraignment
Bail typically ROR or low on first offense; substantially higher on task-force takedowns.
- 4
Step 4 — Preliminary Hearing (Felony)
Cross-examine trademark expert on 'counterfeit' vs. 'infringing,' challenge retail-value calculation.
- 5
Step 5 — Pretrial Motions
PC §1538.5 (suppression), motion to compel brand-owner testing methodology, forfeiture-return motions.
- 6
Step 6 — Trial or Negotiated Plea
Common outcomes: reduction to misdemeanor §350 with forfeiture, plea to §496 receiving, or federal §2320 misdemeanor plea to consolidate state and federal exposure.
Los Angeles Courts That Handle PC §350 Counterfeit Marks Cases
LA-area and federal courts most commonly handling PC §350 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Counterfeit Marks Defense Attorney
Daniel S. Rubin has defended clients charged with counterfeit marks and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §350 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Counterfeit Marks Cases Throughout LA County
09 — FAQs
PC §350 Counterfeit Marks Questions — Los Angeles
What is the penalty for PC §350?
Wobbler. Misdemeanor: up to 1 year county jail and $10,000 fine. Felony (1,000+ articles OR $10,000+ retail value): 16 months, 2, or 3 years prison and up to $500,000 fine.
How is 'retail value' calculated?
Section 350(e) directs use of the retail value of the AUTHENTIC item, not the counterfeit's street price. A $30 counterfeit Louis Vuitton bag is valued at $2,000+ — pushing quantities toward the felony tier quickly.
Will federal charges follow?
Very often. 18 U.S.C. §2320 (federal trafficking in counterfeit goods) parallels §350 and carries up to 10 years first offense; 20 years second offense. HSI and CBP investigate imports.
Is buying a counterfeit purse a crime?
Personal purchase for personal use is not §350 (which requires intent to sell). It can, however, be seized by customs at the border and support a civil suit by the brand owner.
Can I lose the seized inventory permanently?
Yes. PC §350(c) mandates forfeiture and destruction of all counterfeit goods, manufacturing equipment, and vehicles. Recovery of legitimate inventory requires an early asset-forfeiture challenge.
What are the immigration consequences?
§350 is a crime of moral turpitude and, at $10,000+ loss, an aggravated felony under INA §101(a)(43)(M) — mandatory removal for non-citizens.
Will the brand owner sue me too?
Almost always. Brand owners (LVMH, Nike, Chanel, Gucci, Rolex) routinely file civil suits with statutory damages up to $2 million per mark under 15 U.S.C. §1117(c) — separate from criminal exposure.
What should I do if my inventory was seized?
Say nothing to investigators, do not sign any consent-to-forfeiture papers, do not attempt to move inventory or destroy records, and call Rubin Law, P.C. immediately. The first 30 days control forfeiture-return options.
Available 24/7 — Free Consultation
Charged With PC §350 Counterfeit Marks in Los Angeles?
§350 is a wobbler with state prison, six-figure fines, federal §2320 parallel exposure, and civil suits from brand owners. Rubin Law, P.C. defends importers, wholesalers, and retail vendors in state and federal court. Call now.