CHAPTER 947
FORGERY AND COUNTERFEITING

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Secs. 53-346 and 53-347. Forgery. Forging or counterfeiting stamps or labels.
Sec. 53-347a. Prohibited acts relative to stamps, labels, trademarks, service marks, collective marks and certification marks.
Secs. 53-348 to 53-353. Counterfeiting, generally.

      Secs. 53-346 and 53-347. Forgery. Forging or counterfeiting stamps or labels. Sections 53-346 and 53-347 are repealed.

      (1949 Rev., S. 8684, 8685; 1963, P.A. 51, S. 14; 1969, P.A. 828, S. 214.)

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      Sec. 53-347a. Prohibited acts relative to stamps, labels, trademarks, service marks, collective marks and certification marks. (a) Any person who uses, forges or counterfeits the individual stamp or label of any mechanic or manufacturer, with intent to defraud another, or vends or offers to vend any goods having any such forged or counterfeited stamp or label thereon, knowing it to be forged or counterfeited, without disclosing the fact to the purchaser, shall be imprisoned not more than five years or fined not more than two hundred fifty thousand dollars or both.

      (b) Any person who, fraudulently and with intent to deceive, affixes any mark recorded under chapter 621a or any imitation thereof calculated to deceive, to any goods, receptacle or package similar in descriptive properties to those to which such mark is appropriated; or who, fraudulently and with intent to deceive, places, in any receptacle or package to which is lawfully affixed a recorded mark, goods other than those which such mark is designed and appropriated to protect; or who, fraudulently and with intent to deceive, deals in or keeps for sale any goods with a mark fraudulently affixed as above described in this section, or any goods contained in any package or receptacle having a lawful mark, which are not such goods as such mark was designed and appropriated to protect, shall be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years or both.

      (c) Any person, firm, partnership, corporation, association, union or other organization (1) who wilfully and knowingly counterfeits or imitates, or offers for sale or otherwise utters or circulates any counterfeit or imitation of a mark recorded under chapter 622a; or (2) who uses or displays a genuine mark recorded under said chapter in a manner not authorized by the registrant and knowing that such use or display is not so authorized; or (3) who in any way uses the name or mark, whether recorded under said chapter or not, of any individual, firm, partnership, corporation, association, union or other organization, in and about the sale of goods or otherwise not being authorized to use the same and knowing that such use is unauthorized, shall be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years or be both fined and imprisoned. In all cases where such association, union or other organization is not incorporated, complaint may be made by any officer or member of such association, union or organization on behalf of such union, association or organization.

      (1963, P.A. 51, S. 13; 1967, P.A. 689, S. 11; P.A. 95-258.)

      History: 1967 act added Subsec. (c); P.A. 95-258 amended Subsec. (a) to increase the maximum term of imprisonment from six months to five years and the maximum fine from $100 to $250,000, amended Subsec. (b) to increase the maximum fine from $500 to $250,000 and the maximum term of imprisonment from 30 days to five years and amended Subsec. (c) to delete the minimum fine of $100, increase the maximum fine from $200 to $250,000, delete the minimum term of imprisonment of three months and increase the maximum term of imprisonment from one year to five years (Revisor's note: In Subsec. (c) the phrase "in behalf of ..." was replaced editorially by the Revisors with "on behalf of ..." for consistency with customary statutory usage and grammatical accuracy).

      Former statute: Cited. 23 CS 42. History discussed; counterfeit and forgery mean imitation. 24 CS 129. "Use" means use of a label of a manufacturer on any goods with intent to defraud. Not only the limitation of merchandise under a spurious label is prohibited, but also the sale of genuine merchandise under the guise of authentic origin. "Use" includes causing the acts to be done. Id. It is not necessary to prove actual damages to the manufacturer. Id. Under the vending portion of the statute proof of a completed transaction or full performance of a contract is not essential. Id.

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      Secs. 53-348 to 53-353. Counterfeiting, generally. Sections 53-348 to 53-353, inclusive, are repealed.

      (1949 Rev., S. 8686-8691; 1961, P.A. 517, S. 114; 1963, P.A. 652, S. 10; 1969, P.A. 828, S. 214.)

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