It is unlawful for any person without the written authority of the owner of a trademark for a drug to do or be concerned in the doing of any of the following acts:

(1) Making or causing to be made, selling, possessing, or using commercially any counterfeit, copy, or deceptive imitation of such trademark or any package or label bearing or containing any such counterfeit, copy, or deceptive imitation;

Terms Used In Tennessee Code 47-25-403

  • Deceptive imitation: means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying. See Tennessee Code 47-25-401
  • Drug: includes all preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of diseases of either humans or other animals. See Tennessee Code 47-25-401
  • Owner: means the person having the right to the use of a trademark. See Tennessee Code 47-25-401
  • Person: includes any individual, partnership, corporation, or association. See Tennessee Code 47-25-401
  • Trademark: includes any trade or identifying mark, term, design, device, label, slogan, dress, or other means by which the goods of any producer, manufacturer, packer, owner, or seller may be identified. See Tennessee Code 47-25-401
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(2) Knowingly receiving, keeping or having in the person’s possession or under the person’s control, selling, offering for sale, or disposing of any drug bearing any counterfeit, copy, or deceptive imitation of such trademark or in any package or under any label bearing any such counterfeit, copy, or deceptive imitation;
(3) Making or causing to be made or knowingly possessing, selling, disposing of, delivering, or offering to deliver to any person a die, plate, block, stone, type-face, matrix, or other means of printing, lithographing, or otherwise making a counterfeit, copy, or deceptive imitation of such trademark; or
(4) Knowingly misrepresenting orally or by advertisement or artifice the manufacture or origin or commercial sponsorship of any drug sold, offered, or exposed for sale.
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