PARRIS N. GLENDENING, Governor

H.B. 937

(II) THE TRADEMARK COUNTERFEITER'S SELLING PRICE OF THE
FINISHED PRODUCT, IF ITEMS BEARING A COUNTERFEIT MARK ARE COMPONENTS
OF A FINISHED PRODUCT.

(B) A PERSON COMMITS THE OFFENSE OF TRADEMARK COUNTERFEITING
WHEN THE PERSON WILLFULLY MANUFACTURES, PRODUCES, USES, DISPLAYS,
ADVERTISES, DISTRIBUTES, OFFERS FOR SALE, SELLS, OR POSSESSES WITH THE
INTENT TO SELL OR DISTRIBUTE ITEMS OR SERVICES THAT THE PERSON KNOWS
ARE BEARING OR IDENTIFIED BY A COUNTERFEIT MARK

(C)     A PERSON CONVICTED OF TRADEMARK COUNTERFEITING WHERE THE
AGGREGATE RETAIL VALUE OF THE ITEMS OR SERVICES IS $ 1,000 OR GREATER IS
GUILTY OF A FELONY AND SHALL

(1)     RESTORE TRANSFER ALL OF THE ITEMS TO THE OWNER OF THE
INTELLECTUAL PROPERTY; AND

(2)     BE FINED NOT MORE THAN $10,000 OR IMPRISONED FOR NOT MORE
THAN 15 YEARS OR BOTH.

(D)    (1) A PERSON CONVICTED OF TRADEMARK COUNTERFEITING WHERE
THE AGGREGATE RETAIL VALUE OF THE ITEMS OR SERVICES IS LESS THAN $1,000 IS
GUILTY OF A MISDEMEANOR AND SHALL:

(I)      RESTORE TRANSFER ALL OF THE ITEMS TO THE OWNER OF
THE INTELLECTUAL PROPERTY; AND

(II)     BE FINED NOT MORE THAN $1,000 OR IMPRISONED FOR NOT
MORE THAN 18 MONTHS OR BOTH.

(2) ALL ACTIONS OR PROSECUTIONS FOR TRADEMARK
COUNTERFEITING WHERE THE AGGREGATE RETAIL VALUE OF THE ITEMS OR
SERVICES IS LESS THAN $1,000 SHALL BE COMMENCED WITHIN 2 YEARS AFTER THE
COMMISSION OF THE OFFENSE

(E)     A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
SUBSECTION (D) OF THIS SECTION IS SUBJECT TO A FINE OF NOT MORE THAN $5,000.

(F)     AN ITEM BEARING A COUNTERFEIT MARK IS SUBJECT TO SEIZURE BY A
LAW ENFORCEMENT OFFICER FOR PRESERVATION OF THE ITEM FOR RESTORATION
TRANSFER TO THE OWNER OF THE INTELLECTUAL PROPERTY UNDER AN
AGREEMENT WITH THE PERSON ALLEGED TO HAVE COMMITTED THE OFFENSE OR
AFTER CONVICTION UNDER THIS SECTION.

(G)    STATE OR FEDERAL REGISTRATION OF INTELLECTUAL PROPERTY IS
PRIMA FACIE EVIDENCE THAT THE INTELLECTUAL PROPERTY IS A TRADEMARK OR
TRADE NAME.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1996.

May 23, 1996

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