HB 1253 Summary

• Establishes a new criminal offense for counterfeiting marks, making it a Class A misdemeanor to manufacture, display, advertise, distribute, offer for sale, sell, or possess with intent to sell goods bearing a counterfeit mark.

• Elevates counterfeiting to a Class D felony if the offense involves a prior unrelated conviction, more than 100 counterfeit goods, or goods with total retail value exceeding $1,000.

• Defines "counterfeit mark" as a reproduction, copy, or mark affixed to goods without the consent of the mark owner.

• Authorizes municipalities to adopt ordinances establishing licensing requirements for persons who use trademarks or service marks in connection with selling, distributing, or advertising goods.

• Effective date: July 1, 2010.