Section 638:6-b Dealing in Counterfeit Goods.
I. As used in this section, ""counterfeit mark'' means any unauthorized reproduction or copy of intellectual property, or intellectual property affixed to any goods sold, offered for sale, manufactured, or distributed without the authority of the owner of the intellectual property. ""Intellectual property'' means any trademark, service mark, trade name, label, term, device, design, or word that is adopted or used by a person to identify such person's goods and registered, filed, or recorded under RSA 350-A, or the laws of any other state, or registered in the principal register of the United States Patent and Trademark Office.
II. Any person who purposely or knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell, or distributes any goods bearing or identified by a counterfeit mark shall be guilty of a class A misdemeanor for a first offense and a class B felony for any subsequent offense. Each individual good bearing or identified by a counterfeit mark shall constitute a separate offense.
III. Any person having possession, custody, or control of more than 25 items bearing a counterfeit mark shall be presumed to possess said items with the intent to sell or distribute. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.
Source. 2009, 209:9, eff. July 15, 2009.