H.B. 748

VETOES

House Bill No. 748

AN ACT concerning

Trademark Counterfeiting

FOR the purpose of creating the criminal offense of trademark counterfeiting; providing
for the seizure and transfer of certain items to the owner of intellectual property
under certain circumstances; establishing a certain statute of limitations for certain
actions or prosecutions; establishing that certain registration of certain intellectual
property is prima facie evidence of a trademark or trade name; making certain items
subject to seizure by a law enforcement officer for a certain purpose; establishing
certain penalties; defining certain terms; and generally relating to the criminal
offense of trademark counterfeiting.

BY adding to

Article 27 - Crimes and Punishments

Section 48A

Annotated Code of Maryland

(1992 Replacement Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

48A.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)     "COUNTERFEIT MARK" MEANS:

(I)      AN UNAUTHORIZED REPRODUCTION OR COPY OF
INTELLECTUAL PROPERTY; OR

(II)     INTELLECTUAL PROPERTY AFFIXED TO ITEMS KNOWINGLY
SOLD, OFFERED FOR SALE, MANUFACTURED, OR DISTRIBUTED, OR IDENTIFYING
SERVICES OFFERED OR RENDERED, WITHOUT THE AUTHORITY OF THE OWNER OF
THE INTELLECTUAL PROPERTY.

(3)     "INTELLECTUAL PROPERTY" MEANS A TRADEMARK, SERVICE
MARK, TRADE NAME, LABEL, TERM, DEVICE, DESIGN, OR WORD ADOPTED OR USED
BY A PERSON TO IDENTIFY THE PERSON'S GOODS OR SERVICES.

(4)     "RETAIL VALUE" MEANS: .

(I) THE TRADEMARK COUNTERFEITER'S SELLING PRICE FOR THE
ITEMS OR SERVICES BEARING OR IDENTIFIED BY THE COUNTERFEIT MARK; OR

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