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Relating to the disposition of an item bearing a counterfeit trademark seized in connection with a criminal offense.
SB 1164 would require the court to order any item bearing a counterfeit trademark seized in connection with Counterfeit Trademarking be forfeited to the owner of the protected mark, or destroyed after the final conviction or placement on deferred adjudication community supervision.
Texas Action supports SB 1164 because it advances the principles of property rights and the free market. Counterfeit trademarking violates the rules of intellectual property law enforced in our free market economy. It is logical to either have the counterfeit material forfeited to the mark's true owner or have it destroyed.