(765 ILCS 1040/3) (from Ch. 140, par. 25)
Sec. 3.
Every person who shall knowingly use a counterfeit mark or display a trade-mark,
trade name, or service mark of which he or she is not the lawful owner
in any manner not authorized
by such owner, whether or not the unauthorized use creates a likelihood of
confusion or misunderstanding, (a) in the sale of goods or services
produced by the
owner, but with alterations in packaging or labeling, or (b) in the sale of
goods or services produced by the owner but in a packaging form not
intended by him for
such sale, or (c) in the packaging or labeling of goods or services not
produced by the
owner, if the trade-mark, trade name, or service mark of the
owner is used for the purpose
or with the effect of exploiting or impairing the owner's good will or as a
means of representing a quality, property or characteristic of the goods or
services
being sold, other than the utility of the goods or services in the repair
of or as a
replacement of a component of the product of the owner and the trade-mark, trade name, or service mark is used in a non-misleading manner
solely to indicate such
utility, shall be deemed guilty of a Class A misdemeanor, or in the case of a
counterfeit item shall be punished as provided in Section 8. In all cases
where such owner is an incorporated association or union, suits under this
Act may be commenced and prosecuted by any officer or member of such
association or union on behalf of and for the use of such association or
union.
(Source: P.A. 96-631, eff. 1-1-10.)
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