§ 11-17-13 - Forgery, counterfeiting, or alteration of trademark, service mark, or identification mark.
SECTION 11-17-13
§ 11-17-13 Forgery, counterfeiting, oralteration of trademark, service mark, or identification mark. – (a) As used in this chapter, "forged" or "counterfeited trademark", "servicemark", or "identification mark" means any mark or design which is: (1)identical to, substantially indistinguishable from, or an imitation of atrademark, service mark, or identification mark which is registered for thosetypes of goods or services with the secretary of state pursuant to chapter 2 oftitle 6 or registered on the principal register of the United States Patent andTrademark Office or registered under the laws of any other state or protectedby the Federal Amateur Sports Act of 1978, Title 36 USC § 380, or if aregistered or unregistered use of the trademark or design or data plate, serialnumber, or part identification number; and (2) which has not been authorized bythe owner of it and is done for pecuniary gain and with the intent to defraudthe holder of the trademark, service mark, or identification mark.
(b) Any person who knowingly and willfully forges orcounterfeits any trademark, service mark, or identification mark, without theconsent of the owner of the trademark, service mark or identification mark, orwho knowingly possesses any tool, machine device, or other reproductioninstrument or material with the intent to reproduce any forged or counterfeitedtrademark, service mark, or identification mark, shall be guilty of the offenseof trademark counterfeiting.
(c) Any person who knowingly and willfully sells, offer tosell, or possesses with the intent to sell goods which contain a counterfeittrademark, service mark, or identification mark or sells or offers for sale aservice in conjunction with a service mark the person knows is counterfeit,shall be guilty of the offense of trafficking in trademark counterfeits.
(2) If the goods or service to which the forged orcounterfeit trademarks, service marks, or identification marks are attached oraffixed, or in connection with which they are used, or to which the offenderintended they be attached or affixed, or in connection with which the offenderintended they be used, have, in the aggregate, a retail value of the goods ifthey were not forged or counterfeited of five thousand dollars ($5,000) ormore, the person shall be guilty of a felony and upon conviction may beimprisoned up to five (5) years and fined up to ten thousand dollars ($10,000).
(3) If the goods or service to which the forged orcounterfeit trademarks, service marks, or registered designs are attached oraffixed, or in connection with which they are used, or to which the offenderintended they be attached or affixed, or in connection with which the offenderintended they be used, have, in the aggregate, a retail value of the goods ifthey were not forged or counterfeited of less than five thousand dollars($5,000), the person shall be guilty of a misdemeanor and may be imprisoned upto one year and fined up to one thousand dollars ($1,000).
(4) Any person who knowingly: (i) uses an object, tool,machine, or other device to produce or reproduce a counterfeit mark, or (ii)has possession, custody, or control of any object, tool, machine, or devicewith intent to produce or reproduce a counterfeit mark, is guilty of a felonyand may be imprisoned up to five (5) years and fined up to five thousanddollars ($5,000).
(5) The possession, custody, or control of more thantwenty-five (25) items having a counterfeit mark used on or in connection withthem creates a presumption that the person having possession, custody, orcontrol of the items intended to sell those items.
(6) If a person who violates this section previously has beenconvicted of violating this section, the person shall be guilty of a felony andmay be imprisoned up to five (5) years and fined up to five thousand dollars($5,000).
(d) Any personal property, including any item, object, tool,machine, device, or vehicle of any kind, employed as an instrumentality in thecommission of, or in aiding or abetting in the commission of a violation ofthis section, or proceeds derived directly from a violation of this section, issubject to seizure and forfeiture and further proceedings shall be had fortheir forfeiture as is prescribed by law in chapter 21 of title 12; provided,that no property used by any person shall be forfeited under the provisions ofthis section unless it shall appear that the owner of the property hadknowledge, actual or constructive, and was a consenting party to the illegalact.
(2) Property taken or detained under this section shall notbe repleviable, but shall be deemed to be in the custody of the law enforcementagency making the seizure and whenever property is forfeited under this chapterit shall be utilized as follows:
(i) Where the seized property is a vessel, vehicle, aircraft,or other personal property, it may be retained and used by the law enforcementagency that seized that property where the use of the property is reasonablyrelated to the law enforcement duties of the seizing agency. If the seizedproperty is a motor vehicle which is inappropriate for use by the lawenforcement agency due to style, size or color, the seizing agency shall beallowed to apply the proceeds of sale or the trade-in value of the vehicle foractivities reasonably related to law enforcement duties.
(ii) Eighty percent (80%) of the proceeds shall be dividedamong the state and local law enforcement agencies proportionately based upontheir contribution to the investigation of the criminal activity related to theasset being forfeited; the balance shall go to the department of attorneygeneral for purposes related to law enforcement.
(3) At the conclusion of any criminal matter brought underthis chapter any property seized pursuant to this chapter containing acounterfeit trademark, service mark, copyrighted or registered design shall bedestroyed unless the owner of the trademark, service mark, or identificationmark gives prior written consent to the use or sale of the property and thetrademark, service mark, or identification mark is obliterated or removed fromthe property prior to the disposition of it.