132.20 Trafficking in counterfeit marks.
(1) In this section, “traffic" means any of the following:
(a) Transfer, assign or dispose of.
(b) Advertise, promote or offer to transfer, assign or dispose of.
(c) Receive, possess, transport or exercise control of, with intent to transfer, assign or dispose of.
(d) Assist another person to do any act under pars. (a) to (c).
(2) Any person who, with intent to deceive, traffics or attempts to traffic in this state in a counterfeit mark or in any goods or service bearing or provided under a counterfeit mark is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), if the person is an individual he or she may be fined not more than $250,000 and if the person is not an individual the person may be fined not more than $1,000,000.
(3) It is a defense to liability under this section that before another person registered an identical mark under s. 132.01 a person acquired the right under common law or federal law to traffic in a mark.
History: 1985 a. 181; 1997 a. 283; 2001 a. 109.
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