Counterfeit marks: donations.

Existing law makes it a misdemeanor or a felony for a person to willfully manufacture, intentionally sell, or knowingly possess for sale any counterfeit registered trademark, as specified. Existing law also requires the court, in any action under those provisions resulting in a conviction or a plea of nolo contendere, to order the forfeiture and destruction of all of those marks and matter bearing the marks, and order the disposition of all devices for manufacturing, reproducing, transporting, or assembling those marks, used in connection thereof. Existing law authorizes the court, upon law enforcement request and consent from the specific registrants, to consider a motion to have the goods, not including recordings or audiovisual works, as defined, 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. This bill would provide that no person shall be liable 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 to a nonprofit organization pursuant to these provisions, and that no person shall be criminally prosecuted or be subjected to any criminal penalty as a result of any action taken or omitted in good faith in the course of donating those goods.