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      RS 14:229     


§229.  Illegal use of counterfeit trademark; penalties

A.  No person shall knowingly sell, possess with the intent to sell, or otherwise transfer for compensation anything of value having a counterfeit trademark.

B.  For the purposes of this Section:

(1)  "Person" shall include an individual, corporation, partnership, association, or other body of persons, whether incorporated or not.

(2)  "Counterfeit trademark" shall mean a false trademark that is identical to or substantially indistinguishable from:

(a)  A genuine trademark registered on the principal register in the United States Patent and Trademark Office and used or intended for use on or in connection with goods or services; or

(b)  A genuine trademark specifically protected by any state or federal statute.

C.  Whoever violates the provisions of this Section shall be fined not more than ten thousand dollars, or be imprisoned with or without hard labor for not more than five years, or both.

D.  In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of this Section through which said person derived pecuniary value, or by which said person caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater.  The court shall hold a hearing to determine the amount of the fine authorized by this Subsection.

Acts 1984, No. 224, §1; Acts 2011, No. 73, §1.

{{NOTE:  SEE ACTS 1984, NO. 224, §2.}}

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