{"data":{"id":"us-ky/krs-365.241","jurisdiction":"us-ky","citation":"KRS 365.241","heading":"Counterfeiting intellectual property -- Penalties -- Disposition of","body":"property.\n(1) As used in this section:\n(a) \"Counterfeit mark\" means:\n1. Any unauthorized reproduction or copy of intellectual property; or\n2. Intellectual property knowingly affixed to any item without the\nauthority of the owner of the intellectual property.\n(b) \"Intellectual property\" means  any trademark, service mark, trade name,\nlabel, term, device, design, or word adopted or used by a person to\nidentify the person's goods or services.\n(c) \"Person\" includes, in addition to its meaning under KRS  446.010, any\nassociation, organization, or entity amenable to suit in a court of law.\n(d) \"Retail value\" means the counterfeiter's regular selling price for the item\nor service bearing or identified by the counterfeit mark. In the case of\nitems bearing a counterfeit mark which are components of a finished\nproduct, the retail value shall be the counterfeiter's regular selling price of\nthe finished product on or in which the component would be utilized.\n(2) Any person who willfully manufactures, uses, displays, advertises, distributes,\noffers for sale, sells, or possesses with intent to sell or distribute any item or\nservice that the person knows bears or is identified by a counterfeit mark shall\nbe guilty of counterfeiting.\n(3) A person having possession, custody, or control of more than twenty-five (25)\nitems that the person knows bear or are identified by a counterfeit mark shall\nbe presumed to possess the items with the intent to sell or distribute.\n(4) Any person who violates the provisions of this section shall be guilty of a Class\nA misdemeanor, except where the person has been previously convicted of a\nviolation of this section or the violation involves more than one hundred (100)\nitems bearing a counterfeit mark or the total retail value of all items bearing, or\nservices identified by, a counterfeit mark is more than one thousand dollars\n($1,000), in which case the person shall be guilty of a Class D felony. Unless\nreduced by the court for extenuating circumstances and notwithstanding KRS\nChapter 534, upon conviction the offender shall, in addition to any other\nallowable disposition, be fined an amount equal to the greater of:\n(a) Three (3) times the retail value of the items bearing, or services identified\nby, the counterfeit mark;\n(b) Double  the amount  of the defendant's gain from commission of the\noffense; or\n(c) As  otherwise allowed  in  KRS  Chapter  534  for felonies and\nmisdemeanors.\n(5) For purposes of this section, the quantity or retail value of items or services\nshall include the aggregate quantity or retail value of all items bearing, or\nservices identified by, every counterfeit mark the defendant manufactures,\nuses, displays, advertises, distributes, offers for sale, sells, or possesses.\n(6) Except for items in the possession of a person not in violation of this section,\nany items bearing a counterfeit mark, and all personal property, including but\nnot limited to, any items, objects, tools, machines, equipment, instrumentalities,\nor vehicles of any kind, employed or used in connection with a violation of this\nsection shall be seized by any law enforcement officer.\n(a) Except as otherwise provided in this subsection, all personal property\nseized under this subsection shall be forfeited in accordance with KRS\n431.100.\n(b) Upon  request of the intellectual property owner, all seized items bearing a\ncounterfeit mark shall be released to the intellectual property owner.\n(c) If the intellectual property owner does not request release of seized items\nbearing a counterfeit mark, the items shall be destroyed unless the\nintellectual property owner consents to another disposition.\n(7) Any  state or federal certificate of registration of any intellectual property shall\nbe prima facie evidence of the facts stated in the certificate.\n(8) The  remedies provided in this section shall be cumulative to other civil and\ncriminal remedies provided by law.\n(9) Notwithstanding any statute to the contrary, fines imposed under this section\nshall be paid into the crime victims' compensation fund established in KRS\n49.480.","path":["KRS Chapter 365"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46266","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:01Z","sha256":"02c61d79e631d2dc1a080522e3b4950f13ca00038d2da94913094592fd0d5ac9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-365.240","next":"us-ky/krs-365.245"},"notice":"GroundRules: Original legal text. Not legal advice."}