[§708-875]  Trademark counterfeiting. 
(1)  A person commits the offense of trademark counterfeiting who knowingly
manufactures, produces, displays, advertises, distributes, offers for sale,
sells, or possesses with the intent to sell or distribute any item bearing or
identified by a counterfeit mark, knowing that the mark is counterfeit.



(2)  As used in this section:



"Counterfeit mark" means any spurious
mark that is identical to or confusingly similar to any print, label,
trademark, service mark, or trade name registered in accordance with chapter
482 or registered on the Principal Register of the United States Patent and
Trademark Office.



"Sale" includes resale.



(3)  Trademark counterfeiting is a class C
felony.



(4)  In any action brought under this section
resulting in a conviction or a plea of nolo contendere, the court shall order
the forfeiture and destruction of all counterfeit marks and the forfeiture and
destruction or other disposition of all items bearing a counterfeit mark, and
all personal property, including any items, objects, tools, machines,
equipment, instrumentalities, or vehicles of any kind, employed or used in
connection with a violation of this section, in accordance with the procedures
set forth in chapter 712A. [L 1997, c 277, §1]



 



COMMENTARY ON §708-875



 



  Act 277, Session Laws 1997, added this section, which
establishes the offense of trademark counterfeiting as a class C felony, and
which authorizes the forfeiture and destruction or other disposition of
counterfeited property.  The legislature found that trademark counterfeiting
was a recurring problem in Hawaii for retail boutiques and trademark products
of the University of Hawaii, and that tourists are often the target for the
scams.  The legislature believed that the Act would safeguard not only
consumers from the sale of counterfeit products, but would also protect the
reputation and quality of trademarks and ensure that trademarks are used for
their legitimate and intended purposes.  House Standing Committee Report No. 1620,
Senate Standing Committee Report No. 759.