Bill Text: IN HB1253 | 2010 | Regular Session | Introduced


Bill Title: Sale of marked goods.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Courts and Criminal Code [HB1253 Detail]

Download: Indiana-2010-HB1253-Introduced.html


Introduced Version






HOUSE BILL No. 1253

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-43-11; IC 36-1-20.

Synopsis: Sale of marked goods. Provides that a municipality may adopt an ordinance that establishes licensing requirements for a person who uses a trademark or service mark in connection with the sale, offering for sale, distribution, or advertising of goods. Makes it a Class A misdemeanor to manufacture, display, advertise, distribute, offer for sale, sell, or possess with the intent to sell or distribute a good that bears or is identified by a counterfeit mark.

Effective: July 1, 2010.





Truitt




    January 12, 2010, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1253



    A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-43-11; (10)IN1253.1.1. -->     SECTION 1. IC 35-43-11 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 11. Counterfeiting Intellectual Property
    Sec. 1. As used in this chapter, "counterfeit mark" means a:
        (1) reproduction or copy of a mark; or
        (2) mark affixed to a good;
without the consent of the owner of the mark.
    Sec. 2. As used in this chapter, "mark" has the meaning set forth in IC 24-2-1-2.
    Sec. 3. As used in this chapter, "retail value" means the price at which a person sells a good that bears or is identified by a counterfeit mark. In the case of items bearing a counterfeit mark that are components of a finished good, the term means the price at which the person regularly sells the finished good on or in which the items are used.
    Sec. 4. (a) A person who knowingly or intentionally:
        (1) manufactures;
        (2) displays;
        (3) advertises;
        (4) distributes;
        (5) offers for sale;
        (6) sells; or
        (7) possesses with the intent to sell or distribute;
a good that bears or is identified by a counterfeit mark commits counterfeiting a mark, a Class A misdemeanor.
    (b) The offense under subsection (a) is a Class D felony if the:
        (1) person has a prior unrelated conviction under this section;
        (2) offense involved more than one hundred (100) goods bearing or identified by a counterfeit mark; or
        (3) offense involved goods with a total retail value of more than one thousand dollars ($1,000).

SOURCE: IC 36-1-20; (10)IN1253.1.2. -->     SECTION 2. IC 36-1-20 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 20. Licensing of Persons Who Use Trademarks or Service Marks
    Sec. 1. As used in this chapter, "mark" has the meaning set forth in IC 24-2-1-2.
    Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 35-43-6-7.
    Sec. 3. As used in this chapter, "use" has the meaning set forth in IC 24-2-1-2.
    Sec. 4. A municipality may adopt an ordinance that establishes licensing requirements for a person that uses a mark in connection with the sale, offering for sale, distribution, or advertising of goods.
    Sec. 5. A municipality may enforce an ordinance adopted under this chapter in accordance with IC 36-1-6.

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