S.C. Code Ann. § 39-15-1190 – Intentional use of counterfeit mark or trafficking in goods or services using such mark is a misdemeanor; penalties; "counterfeit mark" and "traffic" defined | Midpage
§ 39-15-1190
S.C. Code Ann. § 39-15-1190
Intentional use of counterfeit mark or trafficking in goods or services using such mark is a misdemeanor; penalties; "counterfeit mark" and "traffic" defined
(A) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses or should have known a counterfeit mark on or in connection with such goods or services shall be deemed guilty of a misdemeanor, if an individual, be fined not more than five thousand dollars or imprisoned not more than one year, or both, and, if a person other than an individual, be fined not more than twenty thousand dollars.
(B) The term "counterfeit mark" in this section means:
(1) a spurious mark:
(a) that is used in connection with trafficking goods or services;
(b) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services with the Secretary of State under this chapter and in use, whether or not the defendant knew such mark was so registered; and
(c) the use of which is likely to cause confusion, to cause mistake, or to deceive.
(2) "Counterfeit mark" does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark for 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) "Traffic" means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of.