(a) A person commits trademark counterfeiting if the person knowingly and with the intent to sell or distribute and without the consent of the registrant or owner uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit of a mark or any service that is identified by a counterfeit of a mark registered under this chapter, registered under 15 U. S. C. §1052, or under the common law with knowledge that the mark is counterfeit.(b) For purposes of this section, a mark is counterfeit if:(1) It is a mark that is identical to or substantially indistinguishable from a registered or common law mark; and(2) It is used on or in connection with the same type of goods or services for which the genuine mark is registered or otherwise used.
West Virginia Legal Code