Enforcement

(a)Except as otherwise provided in this Chapter, any goods to which a forged or counterfeit trademark or service mark is attached or affixed, or any tools or other reproduction materials for the reproduction of any specific forged or counterfeit trademark or service mark, which are produced or possessed in violation of this Chapter shall be seized by any law enforcement officer. Upon a determination by a preponderance of the evidence that any articles in the possession of the defendant in a prosecution under this Chapter bears a counterfeit mark, the Attorney General may obtain an order from the Court for the destruction of the counterfeit goods, unless the owner of the registered or protected trademark or service mark COL120106 CH. 47 TRADEMARK COUNTERFEITING ACT which has been forged or counterfeit approves a different disposition.

(b)Any personal property, including, but not limited to, cash, currency or monies received by or in connection with a violation of this Chapter, or any item, object, tool, machine, or vehicle of any kind, employed as an instrumentality in the commission of, or in aiding or abetting in the commission of the crime counterfeiting, trafficking in counterfeit goods, or any other violation of this Chapter, may be seized and is subject to forfeiture by the Courts of Guam.