Current Status Introducing Body:Senate Bill Number:1033 Primary Sponsor:Reese Committee Number:11 Type of Legislation:GB Subject:Counterfeit trademark or service mark Residing Body:Senate Current Committee:Judiciary Computer Document Number:BBM/10831JM.94 Introduced Date:19940113 Last History Body:Senate Last History Date:19940113 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Reese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1033 Senate 19940113 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-11 SO AS TO MAKE IT A FELONY OFFENSE FOR A PERSON, WITHOUT THE CONSENT OF THE REGISTRANT, TO WILFULLY MANUFACTURE OR INTENTIONALLY SELL OR KNOWINGLY POSSESS FOR PURPOSE OF SALE OR RESALE ANY COUNTERFEIT OF A MARK REGISTERED WITH THE SECRETARY OF STATE OR REGISTERED WITH THE UNITED STATES PATENT AND TRADEMARK OFFICE, PROVIDE PENALTIES, DEFINE "COUNTERFEIT MARK" FOR PURPOSES OF THIS SECTION, REQUIRE THE COURTS TO ORDER THE FORFEITURE AND DESTRUCTION OF ALL MARKS, GOODS, ARTICLES, OR OTHER MATERIALS BEARING THE MARKS AND THE FORFEITURE OF ALL MEANS OF MAKING THE MARKS AND ALL EQUIPMENT USED FOR VARIOUS PURPOSES WITH RESPECT TO THE COUNTERFEIT GOODS OR MARKS, AND PROVIDE THAT THE OWNERSHIP OF SUCH EQUIPMENT MUST BE AWARDED TO THE RIGHTFUL OWNER OF THE MARK.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-13-11. Any person who, without the consent of the registrant, wilfully manufactures or intentionally sells or knowingly possesses for purpose of sale or resale any counterfeit of a mark registered with the Secretary of State, or registered on the Principle Register of the United States Patent and Trademark Office, is guilty of a felony and must punished in accordance with the following:
(1) upon conviction on the first offense, must be fined two thousand five hundred dollars or an amount determined to be equal to the amount made in the illegal endeavor, whichever is greater, and may be imprisoned for up to ninety days. If the person is a corporation the fine must be equal to the amount made in the illegal endeavor, but not less than five thousand dollars. If proceeds cannot be established, the fine must not exceed one hundred thousand dollars;
(2) upon conviction of a second offense, must be fined five thousand dollars or an amount determined to be equal to the amount made in the illegal endeavor, whichever is greater, and may be imprisoned for up to three years. If the person is a corporation the fine must be equal to the amount made in the illegal endeavor, but not less than ten thousand dollars. If proceeds cannot be established, the fine must not exceed two hundred fifty thousand dollars;
(3) upon conviction of a third or subsequent offense, must be fined twenty-five thousand dollars or an amount determined to be equal to the amount made in the illegal endeavor, whichever is greater, and may be imprisoned for up to ten years. If the person is a corporation the fine must be equal to the amount made in the illegal endeavor, but not less than twenty-five thousand dollars. If proceeds cannot be established, the fine must not exceed one million dollars.
For purposes of this section, counterfeit mark means a spurious mark which is identified with, or substantially indistinguishable from, a registered mark and which is used on or in connection with the same type or goods or services for which the genuine mark is registered.
The court shall order the forfeiture and destruction of all of those marks, goods, articles, or other materials bearing the marks. The court also shall order the forfeiture of all means of making the marks, and all equipment used for manufacturing, reproducing, transporting, or assembling the counterfeit goods or marks, which were used in connection with, or which were part of, any violation of this section. The ownership of such equipment must be awarded to the rightful owner of the mark to be disposed of, or used, as the rightful owner of the mark considers appropriate."
SECTION 2. This act takes effect upon approval by the Governor.