Crime of counterfeiting, definitions
This law is about making or selling fake goods — things with a copied logo or brand name that the real owner did not allow. If someone makes, sells, or even holds more than 25 of these fake items, the law assumes they planned to sell them. The punishment gets worse based on how many fake items are involved, how much they're worth, or if the person has been in trouble for this before.
Classifications stated in the statute. Actual outcomes vary.
570.103. Crime of counterfeiting, definitions — . — 1. As used in this section and section 570.105, the following words mean:
(1) "", any unauthorized reproduction or copy of or intellectual property to any item sold, offered for sale, d, or , or identifying s offered or rendered, without the of the owner of the intellectual property;
(2) "Intellectual property", any , , , label, term, device, design, or word adopted or used by a person to identify such person's goods or services;
(3) "", the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
2. A person commits the of counterfeiting if he or she , uses, displays, advertises, , offers for sale, sells, or possesses for the purpose of selling or any item, or services, bearing or identified by a counterfeit mark. A person having possession, or control of more than twenty-five items bearing a counterfeit mark shall be to possess said items for the purpose of selling or distributing.
3. The offense of counterfeiting is a , except as provided in subsections 4 and 5 of this section.
4. The offense of counterfeiting is a if:
(1) The has previously been under this section; or
(2) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is seven hundred fifty dollars or more.
5. The offense of counterfeiting is a if:
(1) The defendant has been previously convicted of two or more offenses under this section;
(2) The violation involves the manufacture or production of items bearing counterfeit marks; or
(3) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is twenty-five thousand dollars or more.
6. For purposes of this section, the quantity or retail value of items or services shall include the quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.
7. The provided for herein shall be to the other provided by law.
8. Any state or federal of of any intellectual property shall be of the facts stated therein.
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Source & history notes
(L. 1998 H.B. 1779, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.