House File 2280

                                       HOUSE FILE       
                                       BY  SCHICKEL


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to counterfeit labels and trademarks, and
  2    providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5848HH 80
  5 jm/gg/14

PAG LIN

  1  1    Section 1.  Section 714.8, subsection 8, Code 2003, is
  1  2 amended to read as follows:
  1  3    8.  Manufactures or possesses any false or counterfeit
  1  4 label or trademark, with the intent that it be placed on
  1  5 merchandise to falsely identify its origin or quality, or who
  1  6 sells any such false or counterfeit label or trademark with
  1  7 the representation that it may be so used.
  1  8    Sec. 2.  Section 714.8, Code 2003, is amended by adding the
  1  9 following new subsection:
  1 10    NEW SUBSECTION.  8A.  Sells or possesses with the intent to
  1 11 sell any merchandise with a counterfeit label or trademark
  1 12 without proper authorization from the owner of the label or
  1 13 trademark.
  1 14                           EXPLANATION
  1 15    This bill relates to the definition of the criminal offense
  1 16 of a fraudulent practice by using a counterfeit label or
  1 17 trademark.
  1 18    The bill provides that a person who sells or possesses with
  1 19 the intent to sell any merchandise with a counterfeit label or
  1 20 trademark without proper authorization from the owner of the
  1 21 label or trademark commits a fraudulent practice.  The bill
  1 22 also provides that a person who manufactures or possesses any
  1 23 false or counterfeit trademark, with the intent that it be
  1 24 placed on merchandise to falsely identify its origin or
  1 25 quality, or who sells any such false or counterfeit trademark,
  1 26 commits a fraudulent practice.  Current law provides that a
  1 27 person who manufactures or possesses any false or counterfeit
  1 28 label, or who sells any such false or counterfeit label,
  1 29 commits a fraudulent practice.
  1 30    A fraudulent practice is punishable by a varying degree of
  1 31 penalties.  The penalty varies from a class "C" felony to a
  1 32 simple misdemeanor depending on the value of the money or
  1 33 property involved or on the number of prior fraudulent
  1 34 practice convictions of the offender.
  1 35 LSB 5848HH 80
  2  1 jm/gg/14