Colorado § 18-5-110.5 - Trademark counterfeiting.

§ 18-5-110.5. Trademark counterfeiting.

(1) A person commits trademark counterfeiting if such person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute marks, goods, or services that the person knows are, bear, or are identified by one or more counterfeit marks and has possession, custody, or control of more than twenty-five items bearing a counterfeit mark.

(2) (a) Trademark counterfeiting is:

(I) A petty offense if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is less than three hundred dollars;

(II) A class 2 misdemeanor if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is three hundred dollars or more but less than one thousand dollars;

(III) A class 1 misdemeanor if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is one thousand dollars or more but less than two thousand dollars;

(IV) A class 6 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is two thousand dollars or more but less than five thousand dollars;

(V) A class 5 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is five thousand dollars or more but less than twenty thousand dollars;

(VI) A class 4 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is twenty thousand dollars or more but less than one hundred thousand dollars;

(VII) A class 3 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is one hundred thousand dollars or more but less than one million dollars; and

(VIII) A class 2 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is one million dollars or more.

(b) In addition to the penalties specified in paragraph (a) of this subsection (2), any person convicted under this section shall be liable for a fine in an amount equal to three times the total retail value of all goods or services that bear or are identified by a counterfeit mark unless extenuating circumstances are shown by such person.

(c) The remedies provided in this section are in addition to, and not in lieu of, any other civil or criminal penalties or remedies provided by law.

(3) For purposes of this section:

(a) "Counterfeit mark" means a mark identical to or substantially indistinguishable from a trademark that, without the permission of the owner of the trademark, is:

(I) Affixed or designed to be affixed to, or displayed or otherwise associated with, goods; or

(II) Displayed in advertising for, or otherwise associated with, services.

(b) (I) "Retail value" means the counterfeiter's regular selling price for the goods or services that bear or are identified by a counterfeit mark.

(II) In the case of items bearing a counterfeit mark that are components of a finished product, "retail value" means the counterfeiter's regular selling price for the finished product.

(III) For purposes of subsection (2) of this section, the quantity or retail value of goods or services shall include the aggregate quantity or retail value of all marks, goods, and services that are, bear, or are identified by counterfeit marks.

(c) "Trademark" means any trademark registered under the laws of this state or of the United States.

(4) In a trial under this section, any state or federal certificate of registration of a trademark shall be prima facie evidence of the facts stated therein.

Source: L. 2001: Entire section added, p. 767, § 2, effective August 8. L. 2021: (2)(a) amended, (SB 21-271), ch. 462, p. 3181, § 231, effective March 1, 2022.

Cross references: For the legislative declaration contained in the 2001 act enacting this section, see section 1 of chapter 224, Session Laws of Colorado 2001.