9.16.005 - Definitions. - Washington Statutes

Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Counterfeit mark" means:

     (a) Any unauthorized reproduction or copy of intellectual property; or

     (b) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.

     (2) "Intellectual property" means any trademark, service mark, trade name, label, term, device, design, or work adopted or used by a person to identify such person's goods or services. Intellectual property does not have exclusive use rights to trade names registered under chapter 19.80 RCW.

     (3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.

[1999 c 322 § 1.]