§ 165.70 Definitions.\n As used in sections 165.71, 165.72, 165.73 and 165.74, the following\nterms have the following definitions:\n 1. The term "trademark" means (a) any word, name, symbol, or device,\nor any combination thereof adopted and used by a person to identify\ngoods made by a person and which distinguish them from those\nmanufactured or sold by others which is in use and which is registered,\nfiled or recorded under the laws of this state or of any other state or\nis registered in the principal register of the United States patent and\ntrademark office; or (b) the symbol of the International Olympic\nCommittee, consisting of five interlocking rings; the emblem of the\nUnited States Olympic Committee, consisting of an escutcheon having a\nblue chief and vertically extending red and white bars on the base with\nfive interlocking rings displayed on the chief; any trademark, trade\nname, sign, symbol, or insignia falsely representing association with,\nor authorization by, the International Olympic Committee or the United\nStates Olympic Committee; or the words "Olympic", "Olympiad", "Citius\nAltius Fortius", or any combination thereof tending to cause confusion,\nto cause mistake, to deceive, or to falsely suggest a connection with\nthe United States Olympic Committee or any International Olympic\nCommittee or United States Olympic Committee activity.\n 2. The term "counterfeit trademark" means a spurious trademark or an\nimitation of a trademark that is:\n (a) used in connection with trafficking in goods; and\n (b) used in connection with the sale, offering for sale or\ndistribution of goods that are identical with or substantially\nindistinguishable from a trademark as defined in subdivision one of this\nsection.\n The term "counterfeit trademark" does not include any mark used in\nconnection with goods for which the person using such mark was\nauthorized to use the trademark for the type of goods so manufactured or\nproduced by the holder of the right to use such mark or designation,\nwhether or not such goods were manufactured or produced in the United\nStates or in another country, and does not include imitations of trade\ndress or packaging such as color, shape and the like unless those\nfeatures have been registered as trademarks as defined in subdivision\none of this section.\n 3. The term "traffic" means to transport, transfer, or otherwise\ndispose of, to another, as consideration for anything of value, or to\nobtain control of with intent to so transport, transfer, or otherwise\ndispose of.\n 4. The term "goods" means any products, services, objects, materials,\ndevices or substances which are identified by the use of a trademark.\n
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