1. (1) A person commits trademark counterfeiting if the person knowingly and with the intent to sell or distribute and without the consent of the registrant uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit of a mark or any service that is identified by a counterfeit of a mark registered under this chapter or registered under this chapter or registered under 15 U.S.C. 1052 with knowledge that the mark is counterfeit.

2. (2) For purposes of this section, a mark is counterfeit if:

   1. (a) It is a mark that is identical to or substantially indistinguishable from a registered mark; and
   2. (b) It is used on or in connection with the same type of goods or services for which the genuine mark is registered.
3. (3) A person does not commit trademark counterfeiting if the person has adopted and lawfully used the same or a confusingly similar mark in the rendition of like services or the manufacture of like goods in this state from a date before the effective date of registration of the service mark or trademark and continues to use the mark after the effective date of registration.

[1999 c.722 §2]