(1) A person commits the crime of trademark counterfeiting in the first degree if the person commits trademark counterfeiting as described in ORS 647.135 or 647.145 (1)(b) and:
(a) Has two or more prior convictions for trademark counterfeiting in any degree;
(b) The total number of items bearing the counterfeit mark is 1,000 or more; or
(c) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is $10,000 or more.
(2) Trademark counterfeiting in the first degree is a Class B felony.