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PARRIS N. GLENDENING, Governor
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Ch. 26
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(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 GOODS OR SERVICES OF THE PERSON.
(4) "RETAIL VALUE" MEANS:
(I) A TRADEMARK COUNTERFEITER'S SELLING PRICE FOR THE
GOODS OR SERVICES THAT BEAR OR ARE IDENTIFIED BY THE COUNTERFEIT MARK;
OR
(II) A TRADEMARK COUNTERFEITER'S SELLING PRICE OF THE
FINISHED PRODUCT, IF THE GOODS THAT BEAR A COUNTERFEIT MARK ARE
COMPONENTS OF THE FINISHED PRODUCT.
(5) "TRADEMARK COUNTERFEITER" MEANS A PERSON WHO COMMITS
THE CRIME OF TRADEMARK COUNTERFEITING PROHIBITED BY THIS SECTION.
(B) PROHIBITED.
A PERSON MAY NOT WILLFULLY MANUFACTURE, PRODUCE, DISPLAY,
ADVERTISE, DISTRIBUTE, OFFER FOR SALE, SELL, OR POSSESS WITH THE INTENT TO
SELL OR DISTRIBUTE GOODS OR SERVICES THAT THE PERSON KNOWS ARE BEARING
OR ARE IDENTIFIED BY A COUNTERFEIT MARK.
(C) PENALTY — VALUE AT LEAST $1,000.
IF THE AGGREGATE RETAIL VALUE OF THE GOODS OR SERVICES IS $1,000 OR
MORE, A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE FELONY OF
TRADEMARK COUNTERFEITING AND ON CONVICTION:
(1) IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 15 YEARS OR A FINE
NOT EXCEEDING $10,000 OR BOTH; AND
(2) SHALL TRANSFER ALL OF THE GOODS TO THE OWNER OF THE
INTELLECTUAL PROPERTY.
(D) SAME — VALUE LESS THAN $1,000.
IF THE AGGREGATE RETAIL VALUE OF THE GOODS OR SERVICES IS LESS THAN
$1,000, A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE MISDEMEANOR OF
TRADEMARK COUNTERFEITING AND ON CONVICTION:
(1) IS SUBJECT TO:
(I) FOR A FIRST VIOLATION, IMPRISONMENT NOT EXCEEDING 18
MONTHS OR A FINE NOT EXCEEDING $1,000 OR BOTH; OR
(II) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT NOT
EXCEEDING 18 MONTHS OR A FINE NOT EXCEEDING $5,000 OR BOTH; AND
(2) SHALL TRANSFER ALL OF THE GOODS TO THE OWNER OF THE
INTELLECTUAL PROPERTY.
(E) COMMENCEMENT OF ACTION OR PROSECUTION.
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- 641 -
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