House File 2395 HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2280) 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 5848HV 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 5848HV 80 2 1 jm/gg/14