STATE GOVERNMENT
AND STATE AFFAIRS
CHAPTER 12
STATE TREASURER
67-1223.Idaho commemorative silver medallions issued by the state
treasurer. (1) The state treasurer is hereby authorized to issue a series of
commemorative silver medallions for sale to the public. Each series
shall commemorate Idaho history, people or resources and may bear
the great seal of the state of Idaho. Medallions shall contain one
(1) ounce of fine silver, shall be alloyed to at least ninety percent
(90%) fineness, and shall not constitute legal tender. No sales or
use tax shall be imposed on the sale or purchase of medallions from
the state treasurer or any agent designated by the state treasurer.
Only mints which have contracted with the state treasurer may produce
Idaho commemorative silver medallions. Any other production of such
medallions is a misdemeanor.
(2) The
state treasurer shall make such arrangements as the state treasurer
considers appropriate for the production, promotion, distribution
and sale of medallions, and shall ensure that all moneys received
from the sale of medallions are paid into the state treasury and credited
to the state veterans cemetery maintenance fund created in section 65-107, Idaho Code.
Provided however, the state treasurer is hereby authorized to retain
such amounts from the sale of medallions as necessary to repay costs
incurred by the state treasurer in the promotion, shipping and handling
of medallions. Provided further, if the initial cost to mint a series
of medallions is provided by moneys from another state fund, then
such other fund shall first be reimbursed for such costs before the
remaining revenues are credited to the state veterans cemetery maintenance
fund. The revenues shall be used for the purposes designated in section 65-107, Idaho Code. (3) The
state treasurer, in collaboration with a committee of legislators
comprised of representatives appointed by the speaker of the house
of representatives and senators appointed by the president pro tempore
of the senate, shall determine the number of medallions to be issued
in a series, shall determine the number of series to be issued, and
shall approve the design of medallions for each series.
(4) The
state treasurer, as agent of the state of Idaho, is hereby directed
to obtain a federal trademark on the design of each series of medallions
issued, and is further authorized, after consultation with the attorney
general, to register for a state trademark under chapter 5, title 48, Idaho
Code. The design of each series of Idaho commemorative silver medallions
is the property of the state of Idaho, and the state of Idaho and
the taxpayers shall be deemed to have a trademark on each design.
It is the duty of the state treasurer to protect each and every trademark. (a) If a
person reproduces a trademark medallion design and distributes any
product using any such design for the purpose of direct or indirect
commercial advantage, the person shall owe to the state treasurer,
as the agent of the state of Idaho, a royalty fee in addition to the
revenues derived from the sale of products using a medallion design.
Any person who reproduces a trademark design and distributes any product
with a medallion design in violation of the provisions of this subsection
(4), shall be deemed to be an infringer of the state of Idaho’s
trademark. The state treasurer, through the office of the attorney
general, is entitled to institute an action for any infringement of
that particular right committed while the state treasurer or his designated
agent has custody of the trademark.
(b) A court
having jurisdiction of a civil action arising under this subsection
(4) may grant such relief as it deems appropriate. At any time while
an action under this subsection (4) is pending, the court may order
the impounding, on such terms as it deems reasonable, of all products
in inventory of the infringer which are in violation of law.
(c) An infringer
on the state of Idaho’s trademark pursuant to this subsection
(4) is liable for any profits the infringer has incurred reproducing
a trademark design and distributing products using the design for
commercial purposes or is liable for statutory damages as provided
in paragraph (d) of this subsection (4).
(d) The
state treasurer, as agent of the trademark owner, may elect, at any
time before final judgment is rendered, to recover, instead of actual
damages and profits, an award of statutory damages for all infringements
involved in the action, with respect to a trademark medallion design
for which any one (1) infringer is liable individually, or for which
any two (2) or more infringers are liable jointly and severally, in
a sum of not less than two hundred fifty dollars ($250) or more than
ten thousand dollars ($10,000), as the court considers just.
(e) In any
civil action under this subsection (4), the court may allow the recovery
of full costs by or against any party and may also award reasonable
attorney’s fees to the prevailing party as part of the costs.
(5) Medallions
in the first series issued shall commemorate "Support of Idaho’s
Heroes" to honor the courage and sacrifice of all Idaho servicemen
and veterans of the United States armed forces and Idaho military
branches of the armed services.
Idaho Statutes