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Ch. 26
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2002 LAWS OF MARYLAND
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AN ACTION OR PROSECUTION FOR TRADEMARK COUNTERFEITING IN WHICH
THE AGGREGATE RETAIL VALUE OF THE GOODS OR SERVICES IS LESS THAN $1,000
SHALL BE COMMENCED WITHIN 2 YEARS AFTER THE COMMISSION OF THE CRIME.
(F) SEIZURE OF COUNTERFEIT ITEMS.
ANY GOODS BEARING A COUNTERFEIT MARK ARE SUBJECT TO SEIZURE BY A
LAW ENFORCEMENT OFFICER TO PRESERVE THE GOODS FOR TRANSFER TO THE
OWNER OF THE INTELLECTUAL PROPERTY EITHER:
(1) UNDER AN AGREEMENT WITH THE PERSON ALLEGED TO HAVE
COMMITTED THE CRIME; OR
(2) AFTER A CONVICTION UNDER THIS SECTION.
(G) EVIDENCE OF TRADEMARK OR TRADE NAME.
STATE OR FEDERAL REGISTRATION OF INTELLECTUAL PROPERTY IS PRIMA
FACIE EVIDENCE THAT THE INTELLECTUAL PROPERTY IS A TRADEMARK OR TRADE
NAME.
REVISOR'S NOTE: Subsections (a)(1) through (4) and (b) through (g) of this
section are new language derived without substantive change from former
Art. 27, § 48A.
Subsection (a)(5) of this section is new language added to state expressly
that which formerly only was implied by the use of the term "trademark
counterfeiter" in former Art. 27, § 48A(a)(4).
Throughout this section, the references to a "good" or "goods" are
substituted for the former references to an "item" or "items" for clarity.
In subsection (d)(1)(i) of this section, the reference to a person being
subject to a fine and imprisonment "for a first violation" is added to state
that which only was implied in former Art. 27, § 48A(d)(1)(ii).
In subsection (d)(1)(ii) of this section, the reference to "each" subsequent
violation is substituted for the former reference to "a second or" subsequent
violation for consistency within this article.
The Criminal Law Article Review Committee notes, for the consideration
by the General Assembly, that in subsection (d)(1) of this section, the
reference to a person being subject to a fine "or imprisonment not
exceeding 18 months or both" for a subsequent violation is added to state
that which only was implied in former Art. 27, § 48A(e).
Defined term: "Person" § 1-101
8-612. COUNTERFEITING AND ISSUING OF TOKENS.
(A) TOKEN" DEFINED.
IN THIS SECTION, 'TOKEN" MEANS A TICKET, COUPON, COIN, DISC, SLUG, OR
ANY OTHER THING THAT:
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