§ 11-17-13. Forgery, counterfeiting, or alteration of trademark, service mark, or identification
mark.
(a) As used in this chapter, "forged� or "counterfeited trademark�, "service mark�, or
"identification mark� means any mark or design which is: (1) identical to, substantially
indistinguishable from, or an imitation of a trademark, service mark, or identification
mark which is registered for those types of goods or services with the secretary of
state pursuant to chapter 2 of title 6 or registered on the principal register of the United States Patent and Trademark
Office or registered under the laws of any other state or protected by the Federal
Amateur Sports Act of 1978, Title 36 USC § 380, or if a registered or unregistered use of the trademark or design or data plate,
serial number, or part identification number; and (2) which has not been authorized
by the owner of it and is done for pecuniary gain and with the intent to defraud the
holder of the trademark, service mark, or identification mark.
(b) Any person who knowingly and willfully forges or counterfeits any trademark, service
mark, or identification mark, without the consent of the owner of the trademark, service
mark or identification mark, or who knowingly possesses any tool, machine device,
or other reproduction instrument or material with the intent to reproduce any forged
or counterfeited trademark, service mark, or identification mark, shall be guilty
of the offense of trademark counterfeiting.
(c)(1) Any person who knowingly and willfully sells, offer to sell, or possesses with the
intent to sell goods which contain a counterfeit trademark, service mark, or identification
mark or sells or offers for sale a service 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 or counterfeit trademarks, service marks,
or identification marks are attached or affixed, or in connection with which they
are used, or to which the offender intended they be attached or affixed, or in connection
with which the offender intended they be used, have, in the aggregate, a retail value
of the goods if they were not forged or counterfeited of five thousand dollars ($5,000)
or more, the person shall be guilty of a felony and upon conviction may be imprisoned
up to five (5) years and fined up to ten thousand dollars ($10,000).
(3) If the goods or service to which the forged or counterfeit trademarks, service marks,
or registered designs are attached or affixed, or in connection with which they are
used, or to which the offender intended they be attached or affixed, or in connection
with which the offender intended they be used, have, in the aggregate, a retail value
of the goods if they 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 up to
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 device with intent to produce or reproduce a counterfeit
mark, is guilty of a felony and may be imprisoned up to five (5) years and fined up
to five thousand dollars ($5,000).
(5) The possession, custody, or control of more than twenty-five (25) items having a counterfeit
mark used on or in connection with them creates a presumption that the person having
possession, custody, or control of the items intended to sell those items.
(6) If a person who violates this section previously has been convicted of violating this
section, the person shall be guilty of a felony and may be imprisoned up to five (5)
years and fined up to five thousand dollars ($5,000).
(d)(1) Any personal property, including any item, object, tool, machine, device, or vehicle
of any kind, employed as an instrumentality in the commission of, or in aiding or
abetting in the commission of a violation of this section, or proceeds derived directly
from a violation of this section, is subject to seizure and forfeiture and further
proceedings shall be had for their 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
of this section unless it shall appear that the owner of the property had knowledge,
actual or constructive, and was a consenting party to the illegal act.
(2) Property taken or detained under this section shall not be repleviable, but shall
be deemed to be in the custody of the law enforcement agency making the seizure and
whenever property is forfeited under this chapter it 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 enforcement agency that seized that property
where the use of the property is reasonably related to the law enforcement duties
of the seizing agency. If the seized property is a motor vehicle which is inappropriate
for use by the law enforcement agency due to style, size or color, the seizing agency
shall be allowed to apply the proceeds of sale or the trade-in value of the vehicle
for activities reasonably related to law enforcement duties.
(ii) Eighty percent (80%) of the proceeds shall be divided among the state and local law
enforcement agencies proportionately based upon their contribution to the investigation
of the criminal activity related to the asset being forfeited; the balance shall go
to the department of attorney general for purposes related to law enforcement.
(3) At the conclusion of any criminal matter brought under this chapter any property seized
pursuant to this chapter containing a counterfeit trademark, service mark, copyrighted
or registered design shall be destroyed unless the owner of the trademark, service
mark, or identification mark gives prior written consent to the use or sale of the
property and the trademark, service mark, or identification mark is obliterated or
removed from the property prior to the disposition of it.