Chapter 47

COL1201069GCACRIMES AND CORRECTIONS CH.47TRADEMARK COUNTERFEITING ACT 1CHAPTER 47 TRADEMARK COUNTERFEITING ACT SOURCE: Added by P.L. 27 -72:3. § 47.10. Definitions. § 47.20. Counterfeiting of Registered Trademarks. § 47.30. Trafficking of Counterfeited Goods. § 47.40. Aiding and Abetting the Trafficking of Counterfeit Goods. § 47.50. Defenses, Affirmative Defenses, and Limitations on Remedies. § 47.60. Enforcement. § 47.70. Restitution. § 47.80. Protection for Landlords. § 47.10. Definitions. For purposes of the Trademark Counterfeiting Act, (a) the term ‘ registered mark ’ means: (1) a trademark or trade name registered in the United States and Trademark Office, or in any State, Commonwealth or Territory of the United States, or registered in Guam pursuant to §20401 et. seq. of Title 5, Guam Code Annotated, or in any othe r country, or protected by the Amateur Sports Act of 1978 , 36 U.S.C. §380, or recognized by common law, whether or not the defendant knew such trademark or trade name was so registered or protected; and (2) used without the consent of the registrant; (b) the term ‘ counterfeit mark ’ means: (1) a spurious mark, (i) that is used in connection with trafficking

name was so registered or protected; and (2) used without the consent of the registrant; (b) the term ‘ counterfeit mark ’ means: (1) a spurious mark, (i) that is used in connection with trafficking goods or services; (ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services on the princi pal register in the United States Patent and Trademark Office or registered with the Administrator of the Guam Economic Development and Commerce Authority (‘GEDCA’) and with the Department of Revenue and Taxation of the government of Guam, or in any other State, Commonwealth or Territory of the United States, COL1201069GCACRIMES AND CORRECTIONS CH.47TRADEMARK COUNTERFEITING ACT 2whether or not the defendant knew such mark was so registered; and (iii) the use of which is likely to cause confusion, to cause mistake, or to deceive; or (2) a spurious designation that is identica l with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available, but such term does not include any mark or designation used in connection with goods or services of which the manufacture or produ ction in

to which the remedies of the Lanham Act are made available, but such term does not include any mark or designation used in connection with goods or services of which the manufacture or produ ction in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation; (c) the term ‘ traffic ’ means to transport, transfer, or otherwise dispos e of, to another, in consideration for anything of value, or to make or obtain control of, with the intent to transport, transfer, or dispose of; (d) the term ‘ Lanham Act ’ means the Act entitled ‘ An Act To Provide For The Registration And Protection Of Tr ademarks Used In Commerce, To Carry Out The Provisions Of Certain International Conventions, And For Other Purposes ,’ approved July 5, 1946 (15 U.S.C. §1051 et. seq.); (e) the term ‘cumulative retail sale value’ of counterfeit goods or services means a va lue equivalent to the cumulative price or fair market value of the article as of the time of the crime. SOURCE: Added by P.L. 27 -72:3. § 47.20. Counterfeiting of Registered Trademarks.

es means a va lue equivalent to the cumulative price or fair market value of the article as of the time of the crime. SOURCE: Added by P.L. 27 -72:3. § 47.20. Counterfeiting of Registered Trademarks. Whoever intentionally and knowingly reproduces, c ounterfeits, copies, or colorably imitates a registered mark and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements, to be specifically used in commerce upon, or in connection with t he sale, offering for sale, distribution, or advertising of goods or services or in connection with such use, shall be guilty of the crime of counterfeiting. The crime of counterfeiting shall be punishable as follows: (a) Misdemeanor. A person shall be c onvicted of a misdemeanor if the goods or services to which the forged or counterfeit trademarks COL1201069GCACRIMES AND CORRECTIONS CH.47TRADEMARK COUNTERFEITING ACT 3or service marks are attached, affixed, or used in connection with, or to which the defendant intended they be attached, affixed, or used in connection with, h ave a cumulative retail sale value of Five Hundred Dollars ($500) or less.

xed, or used in connection with, or to which the defendant intended they be attached, affixed, or used in connection with, h ave a cumulative retail sale value of Five Hundred Dollars ($500) or less. (b) Third Degree Felony. A person shall be convicted of a third degree felony if the goods or services to which the forged or counterfeit trademarks or service marks are attached, affixed, or used in connection with, or to which the defendant intended they be attached, affixed, or used in connection with, have a cumulative retail sale value in excess of Five Hundred Dollars ($500) but less than One - Thousand Five Hundred Dollars ($1 ,500). (c) Second Degree Felony. A person shall be convicted of a second degree felony if the goods or services to which the forged or counterfeit trademarks or service marks are attached, affixed, or used in connection with, or to which the defendant in tended they be attached, affixed, or used in connection with, have a cumulative retail sale value of One Thousand Five Hundred Dollars ($1,500) or more. SOURCE: Added by P.L. 27 -72:3. § 47.30. Trafficking of Counterfeit Goods.

ixed, or used in connection with, have a cumulative retail sale value of One Thousand Five Hundred Dollars ($1,500) or more. SOURCE: Added by P.L. 27 -72:3. § 47.30. Trafficking of Counterfeit Goods. Whoever intentionally and knowingly transports, transfers, or otherwise disposes of counterfeit goods to another, in consideration for anything of value, or makes or obtains control of counterfeit goods with intent to transport, transfer, or dispose of such goods, shall be guilty of the crime of trafficking of counterfeit goods. Goods bearing a counterfeit mark in the possession of a person who intends personal use and not resale are permitted. The crime of trafficking of counterfeit goods shall be punishable as follows: (a) Mis demeanor. A person shall be found guilty of a misdemeanor if the trafficked goods or services to which the forged or counterfeit trademarks or service marks are attached, affixed, or used in connection with, or to which the defendant intended they be attached, affixed, or used in connection with, have a cumulative retail sale value of Five Hundred Dollars ($500) or less. (b) Third Degree Felony.

on with, or to which the defendant intended they be attached, affixed, or used in connection with, have a cumulative retail sale value of Five Hundred Dollars ($500) or less. (b) Third Degree Felony. A person shall be guilty of a third degree felony if the trafficked goods or services to which the forged or counterfeit trademarks or service marks are attached, affixed, or used in connection with, or to which the defendant intended they be COL1201069GCACRIMES AND CORRECTIONS CH.47TRADEMARK COUNTERFEITING ACT 4attached, affixed, or used in connection with, have a cumulative retail sale value in excess of Five Hundred Dollars ($500) but less than One Thousand Five Hundred Dollars ($1,500). (c) Second Degree Felony. A person shall be guilty of a second degree felony if the trafficked goods or services to which the forged or counterfeit trademarks or service marks are attached, affi xed, or used in connection with, or to which the defendant intended they be attached, affixed, or used in connection with, have a cumulative retail sale value of One Thousand Five Hundred Dollars ($1,500) or more. SOURCE: Added by P.L. 27 -72:3. § 47.40.

ant intended they be attached, affixed, or used in connection with, have a cumulative retail sale value of One Thousand Five Hundred Dollars ($1,500) or more. SOURCE: Added by P.L. 27 -72:3. § 47.40. A iding and Abetting the Trafficking of Counterfeit Goods. A person is guilty of aiding or abetting the trafficking of counterfeit goods who: (a) solicits a person to purchase counterfeit goods; or (b) knowingly and for the purpose of trafficking of counterf eit goods, transports any person into, out of or within Guam, or who procures or pays for the transportation of any person into, out of or within Guam for the purpose of trafficking counterfeit goods. SOURCE: Added by P.L. 27 -72:3. § 47.50. Defenses, Affi rmative Defenses, and Limitations on Remedies. All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act , (15 U.S.C. §1051 et seq.), shall be applicable in a prosecution under this Chapter. SOURCE: Added by P.L. 27 -72:3. § 47.60. Enforcement. (a) Except as otherwise provided in this Chapter, any goods to which a forged or counterfeit trademark or service mark is attached or affixed, or any tools or other

L. 27 -72:3. § 47.60. Enforcement. (a) Except as otherwise provided in this Chapter, any goods to which a forged or counterfeit trademark or service mark is attached or affixed, or any tools or other reproduction materials for the rep roduction of any specific forged or counterfeit trademark or service mark, which are produced or possessed in violation of this Chapter shall be seized by any law enforcement officer. Upon a determination by a preponderance of the evidence that any article s in the possession of the defendant in a prosecution under this Chapter bears a counterfeit mark, the Attorney General may obtain an order from the Court for the destruction of the counterfeit goods, unless the owner of the registered or protected tradema rk or service mark COL1201069GCACRIMES AND CORRECTIONS CH.47TRADEMARK COUNTERFEITING ACT 5which has been forged or counterfeit approves a different disposition. (b) Any personal property, including, but not limited to, cash, currency or monies received by or in connection with a violation of this Chapter, or any item, object , tool, machine, or vehicle of any kind, employed as an instrumentality in the commission of, or in aiding or abetting in

ved by or in connection with a violation of this Chapter, or any item, object , tool, machine, or vehicle of any kind, employed as an instrumentality in the commission of, or in aiding or abetting in the commission of the crime counterfeiting, trafficking in counterfeit goods, or any other violation of this Chapter, may be seized an d is subject to forfeiture by the Courts of Guam. SOURCE: Added by P.L. 27 -72:3. § 47.70. Restitution. In addition to any punishment ordered under §§ 47.20, 47.30 and 47.40, the Court shall order any person found in violation of this Chapter to make rest itution to the government of Guam or to the Customs and Quarantine Agency, as the case may be, for the cost of storage and destruction of the counterfeit or forged goods. Such person shall be jointly and severally liable for any restitution. SOURCE: Adde d by P.L. 27 -72:3. § 47.80. Protection for Landlords. No owner, officer, employee, or agent who provides, rents, leases, licenses, or sells real property upon which a violation of § 47.20 or § 47.30 occurs, and who is charged with a violation of § 47.40, shall be subject to criminal penalty under this Chapter unless he or she is proven to have actual

upon which a violation of § 47.20 or § 47.30 occurs, and who is charged with a violation of § 47.40, shall be subject to criminal penalty under this Chapter unless he or she is proven to have actual knowledge that the mark is counterfeit and is either a principal to the offense or an accessory. SOURCE: Added by P.L. 27 -72:3. ----------