570.103. 1. As used in this section and section 570.105, thefollowing words mean:
(1) "Counterfeit mark", any unauthorized reproduction or copy ofintellectual property or intellectual property affixed to any itemknowingly sold, offered for sale, manufactured, or distributed, oridentifying services offered or rendered, without the authority of theowner of the intellectual property;
(2) "Intellectual property", any trademark, service mark, trade name,label, term, device, design, or word adopted or used by a person toidentify such person's goods or services;
(3) "Retail value", the counterfeiter's regular selling price for theitem or service bearing or identified by the counterfeit mark. In the caseof items bearing a counterfeit mark which are components of a finishedproduct, the retail value shall be the counterfeiter's regular sellingprice of the finished product on or in which the component would beutilized.
2. Any person who willfully manufactures, uses, displays, advertises,distributes, offers for sale, sells, or possesses with intent to sell ordistribute any item, or services, bearing or identified by a counterfeitmark, shall be guilty of the crime of counterfeiting. A person havingpossession, custody or control of more than twenty-five items bearing acounterfeit mark shall be presumed to possess said items with intent tosell or distribute.
3. Counterfeiting shall be a class A misdemeanor, except as providedin subsections 4 and 5 of this section.
4. Counterfeiting shall be a class D felony if:
(1) The defendant has previously been convicted under this section;or
(2) The violation involves more than one hundred but fewer than onethousand items bearing a counterfeit mark or the total retail value of allitems bearing, or services identified by, a counterfeit mark is more thanone thousand dollars, but less than ten thousand dollars.
5. Counterfeiting shall be a class C felony if:
(1) The defendant has been previously convicted of two or moreoffenses under this section;
(2) The violation involves the manufacture or production of itemsbearing counterfeit marks; or
(3) The violation involves one thousand or more items bearing acounterfeit mark or the total retail value of all items bearing, orservices identified by, a counterfeit mark is more than ten thousanddollars.
6. For purposes of this section, the quantity or retail value ofitems or services shall include the aggregate quantity or retail value ofall items bearing, or services identified by, every counterfeit mark thedefendant manufactures, uses, displays, advertises, distributes, offers forsale, sells or possesses.
7. Any person convicted of counterfeiting shall be fined an amount upto three times the retail value of the items bearing, or servicesidentified by, a counterfeit mark, unless extenuating circumstances areshown by the defendant.
8. The remedies provided for herein shall be cumulative to the othercivil remedies provided by law.
9. Any state or federal certificate of registration of anyintellectual property shall be prima facie evidence of the facts statedtherein.
570.103. 1. As used in this section and section 570.105, thefollowing words mean:
(1) "Counterfeit mark", any unauthorized reproduction or copy ofintellectual property or intellectual property affixed to any itemknowingly sold, offered for sale, manufactured, or distributed, oridentifying services offered or rendered, without the authority of theowner of the intellectual property;
(2) "Intellectual property", any trademark, service mark, trade name,label, term, device, design, or word adopted or used by a person toidentify such person's goods or services;
(3) "Retail value", the counterfeiter's regular selling price for theitem or service bearing or identified by the counterfeit mark. In the caseof items bearing a counterfeit mark which are components of a finishedproduct, the retail value shall be the counterfeiter's regular sellingprice of the finished product on or in which the component would beutilized.
2. Any person who willfully manufactures, uses, displays, advertises,distributes, offers for sale, sells, or possesses with intent to sell ordistribute any item, or services, bearing or identified by a counterfeitmark, shall be guilty of the crime of counterfeiting. A person havingpossession, custody or control of more than twenty-five items bearing acounterfeit mark shall be presumed to possess said items with intent tosell or distribute.
3. Counterfeiting shall be a class A misdemeanor, except as providedin subsections 4 and 5 of this section.
4. Counterfeiting shall be a class D felony if:
(1) The defendant has previously been convicted under this section;or
(2) The violation involves more than one hundred but fewer than onethousand items bearing a counterfeit mark or the total retail value of allitems bearing, or services identified by, a counterfeit mark is more thanone thousand dollars, but less than ten thousand dollars.
5. Counterfeiting shall be a class C felony if:
(1) The defendant has been previously convicted of two or moreoffenses under this section;
(2) The violation involves the manufacture or production of itemsbearing counterfeit marks; or
(3) The violation involves one thousand or more items bearing acounterfeit mark or the total retail value of all items bearing, orservices identified by, a counterfeit mark is more than ten thousanddollars.
6. For purposes of this section, the quantity or retail value ofitems or services shall include the aggregate quantity or retail value ofall items bearing, or services identified by, every counterfeit mark thedefendant manufactures, uses, displays, advertises, distributes, offers forsale, sells or possesses.
7. Any person convicted of counterfeiting shall be fined an amount upto three times the retail value of the items bearing, or servicesidentified by, a counterfeit mark, unless extenuating circumstances areshown by the defendant.
8. The remedies provided for herein shall be cumulative to the othercivil remedies provided by law.
9. Any state or federal certificate of registration of anyintellectual property shall be prima facie evidence of the facts statedtherein.
570.103. 1. As used in this section and section 570.105, thefollowing words mean:
(1) "Counterfeit mark", any unauthorized reproduction or copy ofintellectual property or intellectual property affixed to any itemknowingly sold, offered for sale, manufactured, or distributed, oridentifying services offered or rendered, without the authority of theowner of the intellectual property;
(2) "Intellectual property", any trademark, service mark, trade name,label, term, device, design, or word adopted or used by a person toidentify such person's goods or services;
(3) "Retail value", the counterfeiter's regular selling price for theitem or service bearing or identified by the counterfeit mark. In the caseof items bearing a counterfeit mark which are components of a finishedproduct, the retail value shall be the counterfeiter's regular sellingprice of the finished product on or in which the component would beutilized.
2. Any person who willfully manufactures, uses, displays, advertises,distributes, offers for sale, sells, or possesses with intent to sell ordistribute any item, or services, bearing or identified by a counterfeitmark, shall be guilty of the crime of counterfeiting. A person havingpossession, custody or control of more than twenty-five items bearing acounterfeit mark shall be presumed to possess said items with intent tosell or distribute.
3. Counterfeiting shall be a class A misdemeanor, except as providedin subsections 4 and 5 of this section.
4. Counterfeiting shall be a class D felony if:
(1) The defendant has previously been convicted under this section;or
(2) The violation involves more than one hundred but fewer than onethousand items bearing a counterfeit mark or the total retail value of allitems bearing, or services identified by, a counterfeit mark is more thanone thousand dollars, but less than ten thousand dollars.
5. Counterfeiting shall be a class C felony if:
(1) The defendant has been previously convicted of two or moreoffenses under this section;
(2) The violation involves the manufacture or production of itemsbearing counterfeit marks; or
(3) The violation involves one thousand or more items bearing acounterfeit mark or the total retail value of all items bearing, orservices identified by, a counterfeit mark is more than ten thousanddollars.
6. For purposes of this section, the quantity or retail value ofitems or services shall include the aggregate quantity or retail value ofall items bearing, or services identified by, every counterfeit mark thedefendant manufactures, uses, displays, advertises, distributes, offers forsale, sells or possesses.
7. Any person convicted of counterfeiting shall be fined an amount upto three times the retail value of the items bearing, or servicesidentified by, a counterfeit mark, unless extenuating circumstances areshown by the defendant.
8. The remedies provided for herein shall be cumulative to the othercivil remedies provided by law.
9. Any state or federal certificate of registration of anyintellectual property shall be prima facie evidence of the facts statedtherein.
