Georgia Code
Part 1 - Registration and Use of Trademarks and Service Marks
§ 10-1-454. Penalties for Forged or Counterfeited Trademarks, Service Marks, Copyrighted or Registered Designs, or Unauthorized Reproductions; Forfeiture

History. Code 1981, § 10-1-454 , enacted by Ga. L. 1996, p. 673, § 1; Ga. L. 2015, p. 693, § 3-7/HB 233.
The 2015 amendment, effective July 1, 2015, in subsection (d), deleted former paragraphs (d)(2) through (d)(6), which read:
“(2) For the purposes expressed in paragraph (1) of this subsection, a person who is convicted of or pleads nolo contendere to a felony offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in:
“(A) Any goods, labels, products, or other property containing or constituting forged or counterfeit trademarks, service marks, or copyrighted or registered designs or constituting or directly derived from gross profits or other proceeds obtained from such offense;
“(B) Any property or any interest in any property, including but not limited to any reproduction equipment, scanners, computer equipment, printing equipment, plates, dies, sewing or embroidery equipment, motor vehicle, or other asset, used to commit a violation of this Code section; and
“(C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section.
“(3) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture.
“(4) The court shall order forfeiture of property referred to in paragraph (2) of this subsection if the trier of fact determines beyond a reasonable doubt that such property is subject to forfeiture.
“(5) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection, provided that any property containing a counterfeit trademark, service mark, or copyrighted or registered design shall be destroyed unless the owner of the trademark, service mark, or copyrighted or registered design gives prior written consent to the sale of such property or such trademark, service mark, or copyrighted or registered design is obliterated or removed from such property prior to the disposition thereof. Any forfeited goods which are hazardous to the health, welfare, or safety of the public shall be destroyed. In any disposition of property under this subsection, a person who has been convicted of or who has entered a plea of nolo contendere to a violation of this Code section shall not be permitted to acquire property forfeited by such person.
“(6) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for forfeitures under Code Section 16-13-49.”; and added paragraphs (d)(2) through (d)(4). See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.”
Law reviews.
For article, “Copyright = Speech,” see 65 Emory L.J. 199 (2015).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).