Illinois Compiled Statutes 765 ILCS 1040 — Counterfeit Trademark Act.

Short title

Short title. This Act may be cited as the Counterfeit Trademark Act. (Source: P.A. 86-1324.)

For the purposes of this Act, unless otherwise required by the context: "Counterfeit item" means any goods, components of goods, or services made, produced, or knowingly sold or knowingly distributed that use or display a counterfeit mark. "Counterfeit mark" means a spurious mark: (1) That is applied to or used in conn…

Whoever uses a counterfeit mark or imitates any trade-mark or service mark of which he or she is not the rightful owner or in any way utters or circulates any counterfeit or imitation of such a trade-mark or service mark or knowingly uses such counterfeit or imitation or knowingly sells or disposes of or keeps or has i…

Every person who shall knowingly use a counterfeit mark or display a trade-mark, trade name, or service mark of which he or she is not the lawful owner in any manner not authorized by such owner, whether or not the unauthorized use creates a likelihood of confusion or misunderstanding, (a) in the sale of goods or servi…

Any person or persons who shall in any way knowingly use the name or seal of any trade-mark or service mark owner in and about the sale of goods or services or otherwise, not being authorized to so use the same shall be deemed guilty of a Class A misdemeanor, or in the case of a counterfeit item shall be punished as pr…

Sentence

Sentence. (a) A person who knowingly sells, offers for sale, holds for sale, or uses fewer than 100 counterfeit items or counterfeit items having a retail value in the aggregate of $300 or less is guilty of a Class A misdemeanor and shall be fined at least 25% of the retail value of all counterfeit items but no more th…

Seizure and disposition

Seizure and disposition. (a) A peace officer shall, upon probable cause, seize any counterfeit items, counterfeit marks, or any component of that merchandise knowingly possessed in violation of this Act. (b) A peace officer shall seize any vehicle, aircraft, vessel, machinery or other instrumentality which the officer…