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2008 SESSION

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HB 1363 Trademarks and service marks; registration and protection, penalties.

Introduced by: Benjamin L. Cline | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Trademarks and service marks; penalties. Expands the scope of laws protecting trademarks and service marks to include such marks registered with the federal government and makes it unlawful to reproduce, counterfeit, or colorably imitate a registered mark and apply it to patches, fabric, stickers, badges, emblems, medallions, charms, boxes, containers, cans, cases, handbags, documentation, packaging, or other components in connection with the sale, distribution or advertising of such goods or services. The penalties for violations are increased. Violations are punishable as a Class 1 misdemeanor unless the offense involves possession of 100 or more identical counterfeit registered marks or such items valued at $200 or more, in which case it is a Class 6 felony. This bill is identical to SB 577.

SUMMARY AS PASSED HOUSE:

Trademarks and service marks; penalties. Expands the scope of laws protecting trademarks and service marks to include such marks registered with other states and the federal government, and makes it unlawful to cause confusion or reproduce, counterfeit, or colorably imitate a registered mark. The penalties for violations are increased from a Class 2 to a Class 1 misdemeanor unless the offense involves 100 or more counterfeit marks or counterfeit items with a value of more than $200, in which case the penalty is a Class 6 felony. In addition, counterfeit articles are subject to forfeiture.

SUMMARY AS INTRODUCED:

Trademarks and service marks; penalties. Expands the scope of laws protecting trademarks and service marks to include such marks registered with other states and the federal government, and makes it unlawful to reproduce, counterfeit, or colorably imitate a registered mark and apply it to patches, fabric, stickers, badges, emblems, medallions, charms, boxes, containers, cans, cases, handbags, documentation, packaging, or other components intended to be used on or in connection with goods or services. The penalties for violations are increased. Violations are punishable as a Class 1 misdemeanor unless the offense involves 100 or more items bearing a counterfeit mark or items with a counterfeit mark with a retail value of more than $200, in which case it is a Class 6 felony. Convictions where the offender maliciously causes or attempts to cause bodily injury of another is a Class 3 felony. If bodily injury is done unlawfully but not maliciously, it is a Class 6 felony. In addition, counterfeit articles are subject to forfeiture and violators are subject to a fine of up to three times the retail value of the goods.