21-3763.Counterfeiting.(a) Counterfeiting is intentionally manufacturing, using,displaying, advertising, distributing, offering for sale, selling or possessingwithintent to sell or distribute any item or services bearing or identified by acounterfeit mark.
(b) A person having possession, custody or control of more than 25 itemsbearing a counterfeit mark shall be presumed to possess such items with intentto sell or distribute.
(c) Any state or federal certificate of registration of any intellectualproperty shall be prima facie evidence of the facts stated therein.
(d) As used in this section:
(1) "Counterfeit mark" means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) intellectual property affixed to any item knowingly sold, offered forsale, manufactured or distributed, or identifying services offered or rendered,without the authority of the owner of the intellectual property.
(2) "Intellectual property" means any trademark, service mark or trade nameas such terms are defined in K.S.A. 2007 Supp.81-202, and amendments thereto.
(3) "Retail value" means the counterfeiter's regular selling price for theitem or service bearing or identified by the counterfeit mark. In the case ofitems bearing a counterfeit mark which are components of a finished product,the retail value shall be the counterfeiter's regular selling price of thefinished product on or in which the component would be utilized.
(4) The quantity or retail value of items or services shall include theaggregate quantity or retail value of all items bearing, or services identifiedby, every counterfeit mark the defendant manufactures, uses, displays,advertises, distributes, offers for sale, sells or possesses.
(e) (1) Counterfeiting of the retail value of less than$1,000 is a class Anonpersonmisdemeanor.
(2) Counterfeiting of the retail value of at least $1,000but less than$25,000; thatinvolves more than 100 but less than 1,000 items bearing a counterfeit mark; oron a second violation is a severity level 9, nonperson felony.
(3) Counterfeiting of the retail value of $25,000 or more; that involves1,000 ormore items bearing a counterfeit mark; or on a third or subsequent violation isa severity level 7, nonperson felony.
(f) This section shall be part of and supplemental to the Kansas criminalcode.
History: L. 2000, ch. 62, § 1;L. 2006, ch. 194, § 20; May 25.
21-3763.Counterfeiting.(a) Counterfeiting is intentionally manufacturing, using,displaying, advertising, distributing, offering for sale, selling or possessingwithintent to sell or distribute any item or services bearing or identified by acounterfeit mark.
(b) A person having possession, custody or control of more than 25 itemsbearing a counterfeit mark shall be presumed to possess such items with intentto sell or distribute.
(c) Any state or federal certificate of registration of any intellectualproperty shall be prima facie evidence of the facts stated therein.
(d) As used in this section:
(1) "Counterfeit mark" means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) intellectual property affixed to any item knowingly sold, offered forsale, manufactured or distributed, or identifying services offered or rendered,without the authority of the owner of the intellectual property.
(2) "Intellectual property" means any trademark, service mark or trade nameas such terms are defined in K.S.A. 2007 Supp.81-202, and amendments thereto.
(3) "Retail value" means the counterfeiter's regular selling price for theitem or service bearing or identified by the counterfeit mark. In the case ofitems bearing a counterfeit mark which are components of a finished product,the retail value shall be the counterfeiter's regular selling price of thefinished product on or in which the component would be utilized.
(4) The quantity or retail value of items or services shall include theaggregate quantity or retail value of all items bearing, or services identifiedby, every counterfeit mark the defendant manufactures, uses, displays,advertises, distributes, offers for sale, sells or possesses.
(e) (1) Counterfeiting of the retail value of less than$1,000 is a class Anonpersonmisdemeanor.
(2) Counterfeiting of the retail value of at least $1,000but less than$25,000; thatinvolves more than 100 but less than 1,000 items bearing a counterfeit mark; oron a second violation is a severity level 9, nonperson felony.
(3) Counterfeiting of the retail value of $25,000 or more; that involves1,000 ormore items bearing a counterfeit mark; or on a third or subsequent violation isa severity level 7, nonperson felony.
(f) This section shall be part of and supplemental to the Kansas criminalcode.
History: L. 2000, ch. 62, § 1;L. 2006, ch. 194, § 20; May 25.
21-3763.Counterfeiting.(a) Counterfeiting is intentionally manufacturing, using,displaying, advertising, distributing, offering for sale, selling or possessingwithintent to sell or distribute any item or services bearing or identified by acounterfeit mark.
(b) A person having possession, custody or control of more than 25 itemsbearing a counterfeit mark shall be presumed to possess such items with intentto sell or distribute.
(c) Any state or federal certificate of registration of any intellectualproperty shall be prima facie evidence of the facts stated therein.
(d) As used in this section:
(1) "Counterfeit mark" means:
(A) Any unauthorized reproduction or copy of intellectual property; or
(B) intellectual property affixed to any item knowingly sold, offered forsale, manufactured or distributed, or identifying services offered or rendered,without the authority of the owner of the intellectual property.
(2) "Intellectual property" means any trademark, service mark or trade nameas such terms are defined in K.S.A. 2007 Supp.81-202, and amendments thereto.
(3) "Retail value" means the counterfeiter's regular selling price for theitem or service bearing or identified by the counterfeit mark. In the case ofitems bearing a counterfeit mark which are components of a finished product,the retail value shall be the counterfeiter's regular selling price of thefinished product on or in which the component would be utilized.
(4) The quantity or retail value of items or services shall include theaggregate quantity or retail value of all items bearing, or services identifiedby, every counterfeit mark the defendant manufactures, uses, displays,advertises, distributes, offers for sale, sells or possesses.
(e) (1) Counterfeiting of the retail value of less than$1,000 is a class Anonpersonmisdemeanor.
(2) Counterfeiting of the retail value of at least $1,000but less than$25,000; thatinvolves more than 100 but less than 1,000 items bearing a counterfeit mark; oron a second violation is a severity level 9, nonperson felony.
(3) Counterfeiting of the retail value of $25,000 or more; that involves1,000 ormore items bearing a counterfeit mark; or on a third or subsequent violation isa severity level 7, nonperson felony.
(f) This section shall be part of and supplemental to the Kansas criminalcode.
History: L. 2000, ch. 62, § 1;L. 2006, ch. 194, § 20; May 25.
