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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 570

Effective - 28 Aug 1998, 2 histories, see footnote (history) bottom

  *570.103.  Until December 31, 2016 — Crime of counterfeiting, definitions — penalty. — 1.  As used in this section and section 570.105, the following words mean:

  (1)  "Counterfeit mark", any unauthorized reproduction or copy of intellectual property or intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;

  (2)  "Intellectual property", any trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify such person's goods or services;

  (3)  "Retail value", the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark.  In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.

  2.  Any person who willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute any item, or services, bearing or identified by a counterfeit mark, shall be guilty of the crime of counterfeiting.  A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items with intent to sell or distribute.

  3.  Counterfeiting shall be a class A misdemeanor, except as provided in subsections 4 and 5 of this section.

  4.  Counterfeiting shall be a class D felony if:

  (1)  The defendant has previously been convicted under this section; or

  (2)  The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars, but less than ten thousand dollars.

  5.  Counterfeiting shall be a class C felony if:

  (1)  The defendant has been previously convicted of two or more offenses under this section;

  (2)  The violation involves the manufacture or production of items bearing counterfeit marks; or

  (3)  The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than ten thousand dollars.

  6.  For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.

  7.  Any person convicted of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.

  8.  The remedies provided for herein shall be cumulative to the other civil remedies provided by law.

  9.  Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.

­­--------

(L. 1998 H.B. 1779)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.


---- end of effective   28 Aug 1998 ----

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570.103 1/1/2017
570.103 8/28/1998 1/1/2017

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