165.70 - Definitions.

§ 165.70 Definitions.    As  used  in sections 165.71, 165.72, 165.73 and 165.74, the following  terms have the following definitions:    1. The term "trademark" means (a) any word, name, symbol,  or  device,  or  any  combination  thereof  adopted  and used by a person to identify  goods  made  by  a  person  and  which  distinguish  them   from   those  manufactured  or sold by others which is in use and which is registered,  filed or recorded under the laws of this state or of any other state  or  is  registered in the principal register of the United States patent and  trademark office;  or  (b)  the  symbol  of  the  International  Olympic  Committee,  consisting  of  five  interlocking  rings; the emblem of the  United States Olympic Committee, consisting of an  escutcheon  having  a  blue  chief and vertically extending red and white bars on the base with  five interlocking rings displayed on the  chief;  any  trademark,  trade  name,  sign,  symbol, or insignia falsely representing association with,  or authorization by, the International Olympic Committee or  the  United  States  Olympic  Committee;  or the words "Olympic", "Olympiad", "Citius  Altius Fortius", or any combination thereof tending to cause  confusion,  to  cause  mistake,  to deceive, or to falsely suggest a connection with  the  United  States  Olympic  Committee  or  any  International  Olympic  Committee or United States Olympic Committee activity.    2.  The  term "counterfeit trademark" means a spurious trademark or an  imitation of a trademark that is:    (a) used in connection with trafficking in goods; and    (b)  used  in  connection  with  the  sale,  offering  for   sale   or  distribution   of   goods  that  are  identical  with  or  substantially  indistinguishable from a trademark as defined in subdivision one of this  section.    The term "counterfeit trademark" does not include  any  mark  used  in  connection  with  goods  for  which  the  person  using  such  mark  was  authorized to use the trademark for the type of goods so manufactured or  produced by the holder of the right to use  such  mark  or  designation,  whether  or  not  such goods were manufactured or produced in the United  States or in another country, and does not include imitations  of  trade  dress  or  packaging  such  as  color,  shape  and the like unless those  features have been registered as trademarks as  defined  in  subdivision  one of this section.    3.  The  term  "traffic"  means  to  transport, transfer, or otherwise  dispose of, to another, as consideration for anything of  value,  or  to  obtain  control  of  with intent to so transport, transfer, or otherwise  dispose of.    4. The term "goods" means any products, services, objects,  materials,  devices or substances which are identified by the use of a trademark.