SB 1631

Abstract

Amends the Counterfeit Trademark Act. Defines counterfeit mark as a spurious mark that is applied to or used with any goods, services, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation on packaging or any other components that are designed, marketed, or used with any goods or services that is identical or substantially indistinguishable from a registered mark whether or not the defendant knew the mark was registered and the application or use of the mark is likely to cause confusion or mistake or to deceive. Deletes provision that states that a "mark" includes any trademark or service mark whether registered or not. Provides that a "trademark" means anything adopted and used by a person to identify goods which distinguishes them from other goods and registered in Illinois, another state, or with the U.S. Patent and Trademark Office (instead of identify goods which distinguishes them from other goods). Provides definitions of "retail value", "bodily injury", and "serious bodily injury". Provides that a person who knowingly offers or sells counterfeit items having a retail value is guilty of a crime and increases the class of criminal offenses and the fines for those offenses. Provides that a peace officer shall (instead of may) upon probable cause seize any counterfeit items, counterfeit marks, or any component (instead of goods, wares, merchandise, or other product that has a counterfeit mark) and shall, upon probable cause, seize any proceeds from an Act violation.