West Virginia Code 47-2-14a – Trademark counterfeiting
(a) A person commits trademark counterfeiting if the person knowingly and with the intent to sell or distribute and without the consent of the registrant or owner uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit of a mark or any service that is identified by a counterfeit of a mark registered under this chapter, registered under 15 U. S. C. §1052, or under the common law with knowledge that the mark is counterfeit.
Terms Used In West Virginia Code 47-2-14a
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- mark: includes any trademark or service mark, entitled to registration under this article whether registered or not. See West Virginia Code 47-2-1
- trademark: means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown. See West Virginia Code 47-2-1
(b) For purposes of this section, a mark is counterfeit if:
(1) It is a mark that is identical to or substantially indistinguishable from a registered or common law mark; and
(2) It is used on or in connection with the same type of goods or services for which the genuine mark is registered or otherwise used.