§ 2320. Trafficking in counterfeit goods or services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Trademark Counterfeiting Act of 1984

   Pub. L. 98–473 title II § 1502(a) · 98 Stat. 1837

   Enacted · 18 U.S.C. § 2320

   Added Pub. L. 98–473, title II, § 1502(a), Oct. 12, 1984, 98 Stat. 2178

   Source evidence

   Code source credit
   Added Pub. L. 98–473, title II, § 1502(a), Oct. 12, 1984, 98 Stat. 2178

   Enacted provision · exact public law section
   (a) Chapter 113 of title 18 of the United States Code is amended by adding at the end the following: “§ 2320. Trafficking in counterfeit goods or services “(a) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services shall, if an individual, be fined not more than $250,000 or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and if other than an individual, shall be fined not more than $5,000,000. “(b) Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United States may obtain an order for the destruction of such articles. “(c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act 15 USC 1051 note. shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense. “(d) For the purposes of this section— “(1) the term ‘counterfeit mark’ means— “(A) a spurious mark— “(i) that is used in connection with trafficking in goods or services; “(ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; and “(iii) the use of which is likely to cause confusion, to cause mistake, or to deceive; or “(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 110 of the Olympic Charter Act; 36 USC 380. but such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation; “(2) the term ‘traffic’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of; “(3) the term ‘Lanham Act’ means the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved July 5, 1946 (15 U.S.C. 1051 et seq.); and “(4) the term ‘Olympic Charter Act’ means the Act entitled ‘An Act to incorporate the United States Olympic Association’, approved September 21, 1950 (36 U.S.C. 371 et seq.).”.

2. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330016(1)(U) · 108 Stat. 1796

   Struck and inserted · 18 U.S.C. § 2320

   Pub. L. 103–322, § 330016(1)(U), which directed the amendment of this section by striking “not more than $250,000” and inserting “under this title”, could not be executed because the phrase “not more than $250,000” did not appear in text subsequent to amendment of subsec. (a) by Pub. L. 103–322, § 320104(a). See below

   Source evidence

   Code amendment note
   Pub. L. 103–322, § 330016(1)(U), which directed the amendment of this section by striking “not more than $250,000” and inserting “under this title”, could not be executed because the phrase “not more than $250,000” did not appear in text subsequent to amendment of subsec. (a) by Pub. L. 103–322, § 320104(a). See below.

   Enacted provision · exact public law section
   (U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, and 2701 by striking “not more than $250,000” and inserting “under this title”;

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 320104(a) · 108 Stat. 1796

   1. Substituted · 18 U.S.C. § 2320(a)

      Pub. L. 103–322, § 320104(a), in first sentence, substituted “$2,000,000 or imprisoned not more than 10 years” for “$250,000 or imprisoned not more than five years” in second sentence

   2. Substituted · 18 U.S.C. § 2320(a)

      Pub. L. 103–322, § 320104(a), in first sentence, substituted “$5,000,000” for “$1,000,000” in second sentence

   3. Substituted · 18 U.S.C. § 2320(a)

      Pub. L. 103–322, § 320104(a), in first sentence, substituted “$5,000,000 or imprisoned not more than 20 years” for “$1,000,000 or imprisoned not more than fifteen years”

   4. Substituted · 18 U.S.C. § 2320(a)

      Pub. L. 103–322, § 320104(a), in first sentence, substituted “$15,000,000” for “$5,000,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322, § 320104(a), in first sentence, substituted “$2,000,000 or imprisoned not more than 10 years” for “$250,000 or imprisoned not more than five years” and “$5,000,000” for “$1,000,000”, and in second sentence, substituted “$5,000,000 or imprisoned not more than 20 years” for “$1,000,000 or imprisoned not more than fifteen years” and “$15,000,000” for “$5,000,000”.

   Enacted provision · exact public law section
   (a) In General.— Section 2320(a) of title 18, United States Code, is amended— (1) in the first sentence— (A) by striking “$250,000 or imprisoned not more than five years” and inserting “$2,000,000 or imprisoned not more than 10 years”; and (B) by striking “$1,000,000” and inserting “$5,000,000”; and (2) in the second sentence— (A) by striking “$1,000,000 or imprisoned not more than fifteen years” and inserting “$5,000,000 or imprisoned not more than 20 years”; and (B) by striking “$5,000,000” and inserting “$15,000,000”.

4. 1996

   Pub. L. 104–153 § 5 · 110 Stat. 1386

   Added · 18 U.S.C. § 2320(e)

   Pub. L. 104–153 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–153 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 5. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES. Section 2320 of title 18, United States Code, is amended by adding at the end the following: “(e) Beginning with the first year after the date of enactment Reports. of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of title 18), criminal infringement of copyrights (as defined in section 2319 of title 18), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in section 2319A of title 18), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of title 18): “(1) The number of open investigations. “(2) The number of cases referred by the United States Customs Service. “(3) The number of cases referred by other agencies or sources. “(4) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and 2320 of title 18.”.

5. 1997

   No Electronic Theft (NET) Act

   Pub. L. 105–147 § 2(f) · 111 Stat. 2678

   1. Added · 18 U.S.C. § 2320(d)(f)

      Pub. L. 105–147 added subsec. (d)

   2. Redesignated · 18 U.S.C. § 2320(d)(f)

      Pub. L. 105–147 redesignated former subsecs. (d) and (e) as (e) and (f), respectively

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 105–147 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

   Enacted provision · exact public law section
   (f) Trafficking in Counterfeit Goods or Services.— Section 2320 of title 18, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: “(d) (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. “(2) Persons permitted to submit victim impact statements shall include— “(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; “(B) holders of intellectual property rights in such goods or services; and “(C) the legal representatives of such producers, sellers, and holders.”.

6. 1998

   Pub. L. 105–225 § 4(b)(1) · 112 Stat. 1253

   1. Amended · 18 U.S.C. § 2320(e)(1)(B)

      Pub. L. 105–225, § 4(b)(1), as amended by Pub. L. 105–354, § 2(c)(1)

   2. Substituted · 18 U.S.C. § 2320(e)(1)(B)

      Pub. L. 105–225, § 4(b)(1), as substituted “section 220706 of title 36” for “section 110 of the Olympic Charter Act”

   Source evidence

   Code amendment note
   Subsec. (e)(1)(B). Pub. L. 105–225, § 4(b)(1), as amended by Pub. L. 105–354, § 2(c)(1), substituted “section 220706 of title 36” for “section 110 of the Olympic Charter Act”.

   Enacted provision · exact public law section
   (1) In clause (1)(B), strike “section 110 of the Olympic Charter Act” and substitute “section 220706 of title 36”.

7. 1998

   Pub. L. 105–225 § 4(b)(2) · 112 Stat. 1253

   1. Amended · 18 U.S.C. § 2320(e)(2)

      Pub. L. 105–225, § 4(b)(2), as amended by Pub. L. 105–354, § 2(c)(1)

   2. Inserted · 18 U.S.C. § 2320(e)(2)

      Pub. L. 105–225, § 4(b)(2), as inserted “and” after semicolon at end

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 105–225, § 4(b)(2), as amended by Pub. L. 105–354, § 2(c)(1), inserted “and” after semicolon at end.

   Enacted provision · exact public law section
   (2) In clause (2), insert “and” after the semicolon.

8. 1998

   Pub. L. 105–225 § 4(b)(3) · 112 Stat. 1253

   1. Amended · 18 U.S.C. § 2320(e)(3)

      Pub. L. 105–225, § 4(b)(3), as amended by Pub. L. 105–354, § 2(c)(1)

   2. Substituted · 18 U.S.C. § 2320(e)(3)

      Pub. L. 105–225, § 4(b)(3), as substituted a period for “; and” at end

   Source evidence

   Code amendment note
   Subsec. (e)(3). Pub. L. 105–225, § 4(b)(3), as amended by Pub. L. 105–354, § 2(c)(1), substituted a period for “; and” at end.

   Enacted provision · exact public law section
   (3) In clause (3), strike “; and” and substitute a period.

9. 1998

   Pub. L. 105–225 § 4(b)(4) · 112 Stat. 1253

   1. Amended · 18 U.S.C. § 2320(e)(4)

      Pub. L. 105–225, § 4(b)(4), as amended by Pub. L. 105–354, § 2(c)(1)

   2. Struck · 18 U.S.C. § 2320(e)(4)

      Pub. L. 105–225, § 4(b)(4), as struck out par. (4) which read as follows: “the term ‘Olympic Charter Act’ means the Act entitled ‘An Act to incorporate the United States Olympic Association’, approved September 21, 1950 (36 U.S.C. 371 et seq.).”

   Source evidence

   Code amendment note
   Subsec. (e)(4). Pub. L. 105–225, § 4(b)(4), as amended by Pub. L. 105–354, § 2(c)(1), struck out par. (4) which read as follows: “the term ‘Olympic Charter Act’ means the Act entitled ‘An Act to incorporate the United States Olympic Association’, approved September 21, 1950 (36 U.S.C. 371 et seq.).”

   Enacted provision · exact public law section
   (4) Strike clause (4).

10. 2002

    Pub. L. 107–140 § 1 · 116 Stat. 12

    Substituted · 18 U.S.C. § 2320(e)(1)(B)

    Pub. L. 107–140 substituted “section 220506 of title 36” for “section 220706 of title 36”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 107–140 substituted “section 220506 of title 36” for “section 220706 of title 36”.

    Enacted provision · exact public law section
    SECTION 1. TECHNICAL CORRECTION OF ERROR IN THE CODIFICATION OF TITLE 36. Section 2320(e)(1)(B) of title 18, United States Code, is amended by striking “section 220706 of title 36” and inserting “section 220506 of title 36.

11. 2002

    21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 205(e) · 116 Stat. 1758

    1. Amended · 18 U.S.C. § 2320(f)

       Pub. L. 107–273, § 205(e), designated existing provisions as par. (1)

    2. Substituted · 18 U.S.C. § 2320(f)

       Pub. L. 107–273, § 205(e), substituted “this title” for “title 18” wherever appearing

    3. Redesignated · 18 U.S.C. § 2320(f)

       Pub. L. 107–273, § 205(e), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1)

    4. Added · 18 U.S.C. § 2320(f)

       Pub. L. 107–273, § 205(e), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 107–273, § 205(e), designated existing provisions as par. (1), substituted “this title” for “title 18” wherever appearing, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and added par. (2).

    Enacted provision · exact public law section
    (e) Section 2320(f) of title 18, United States Code, is amended— (1) by striking “title 18” each place it appears and inserting “this title”; and (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (3) by inserting “(1)” after “(f)”; and (4) by adding at the end the following: “(2) (A) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following: “(i) The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others. “(ii) The number of online infringement cases. “(iii) The number and dollar amounts of fines assessed in specific categories of dollar amounts. These categories shall be: no fines ordered; fines under $500; fines from $500 to $1,000; fines from $1,000 to $5,000; fines from $5,000 to $10,000; and fines over $10,000. “(iv) The total amount of restitution ordered in all copyright infringement cases. “(B) In this paragraph, the term ‘online infringement cases’ as used in paragraph (2) means those cases where the infringer— “(i) advertised or publicized the infringing work on the Internet; or “(ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons. “(C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter.”.

12. 2006

    Stop Counterfeiting in Manufactured Goods Act

    Pub. L. 109–181 § 1(b)(1) · 120 Stat. 285

    Inserted · 18 U.S.C. § 2320(a)

    Pub. L. 109–181, § 1(b)(1), inserted “, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,” after “such goods or services”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–181, § 1(b)(1), inserted “, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,” after “such goods or services”.

    Enacted provision · exact public law section
    (1) Subsection (a) is amended by inserting after “such goods or services” the following: “, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,”.

13. 2006

    Stop Counterfeiting in Manufactured Goods Act

    Pub. L. 109–181 § 1(b)(2) · 120 Stat. 285

    Amended · 18 U.S.C. § 2320(b)

    Pub. L. 109–181, § 1(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United States may obtain an order for the destruction of such articles.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–181, § 1(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United States may obtain an order for the destruction of such articles.”

    Enacted provision · exact public law section
    (2) Subsection (b) is amended to read as follows: “(b) (1) Courts. The following property shall be subject to forfeiture to the United States and no property right shall exist in such property: “(A) Any article bearing or consisting of a counterfeit mark used in committing a violation of subsection (a). “(B) Any property used, in any manner or part, to commit or to facilitate the commission of a violation of subsection (a). “(2) The provisions of chapter 46 of this title relating to civil forfeitures, including section 983 of this title, shall extend to any seizure or civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States, shall order that any forfeited article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law. “(3) (A) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States— “(i) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense; “(ii) any of the person’s property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense; and “(iii) any article that bears or consists of a counterfeit mark used in committing the offense. “(B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. Notwithstanding section 413(h) of that Act, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed. “(4) When a person is convicted of an offense under this section, the court, pursuant to sections 3556, 3663A, and 3664, shall order the person to pay restitution to the owner of the mark and any other victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii). “(5) The term ‘victim’, as used in paragraph (4), has the meaning given that term in section 3663A(a)(2).” .

14. 2006

    Stop Counterfeiting in Manufactured Goods Act

    Pub. L. 109–181 § 1(b)(3)(B) · 120 Stat. 285

    Amended · 18 U.S.C. § 2320(e)(1)

    Pub. L. 109–181, § 1(b)(3)(B), amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: “but such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation;”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 109–181, § 1(b)(3)(B), amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: “but such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation;”.

    Enacted provision · exact public law section
    (B) by amending the matter following subparagraph (B) to read as follows: “but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.” .

15. 2006

    Stop Counterfeiting in Manufactured Goods Act

    Pub. L. 109–181 § 1(b)(3)(A) · 120 Stat. 285

    1. Added · 18 U.S.C. § 2320(e)(1)(A)

       Pub. L. 109–181, § 1(b)(3)(A), added subpar. (A)

    2. Struck · 18 U.S.C. § 2320(e)(1)(A)

       Pub. L. 109–181, § 1(b)(3)(A), struck out former subpar. (A) which read as follows: “a spurious mark—

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 109–181, § 1(b)(3)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “a spurious mark—

    “(i) that is used in connection with trafficking in goods or services; “(ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; and “(iii) the use of which is likely to cause confusion, to cause mistake, or to deceive; or”.

    Enacted provision · exact public law section
    (A) by striking subparagraph (A) and inserting the following: “(A) a spurious mark— “(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; “(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; “(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and “(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or” ; and

16. 2006

    Protecting American Goods and Services Act of 2005

    Pub. L. 109–181 § 2(b)(1) · 120 Stat. 285

    1. Added · 18 U.S.C. § 2320(e)(2)

       Pub. L. 109–181, § 2(b)(1), added par. (2)

    2. Struck · 18 U.S.C. § 2320(e)(2)

       Pub. L. 109–181, § 2(b)(1), struck out former par. (2) which read as follows: “the term ‘traffic’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of; and”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 109–181, § 2(b)(1), added par. (2) and struck out former par. (2) which read as follows: “the term ‘traffic’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of; and”.

    Enacted provision · exact public law section
    (1) by striking paragraph (2) and inserting the following: “(2) the term ‘traffic’ means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;” ;

17. 2006

    Protecting American Goods and Services Act of 2005

    Pub. L. 109–181 § 2(b)(2) · 120 Stat. 285

    1. Added · 18 U.S.C. § 2320(e)(3); 18 U.S.C. § 2320(e)(4)

       Pub. L. 109–181, § 2(b)(2), (3), added par. (3)

    2. Redesignated · 18 U.S.C. § 2320(e)(3); 18 U.S.C. § 2320(e)(4)

       Pub. L. 109–181, § 2(b)(2), (3), redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (e)(3), (4). Pub. L. 109–181, § 2(b)(2), (3), added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (3) as paragraph (4); and

18. 2006

    Stop Counterfeiting in Manufactured Goods Act

    Pub. L. 109–181 § 1(b)(4) · 120 Stat. 285

    1. Added · 18 U.S.C. § 2320(f); 18 U.S.C. § 2320(g)

       Pub. L. 109–181, § 1(b)(4), added subsec. (f)

    2. Redesignated · 18 U.S.C. § 2320(f); 18 U.S.C. § 2320(g)

       Pub. L. 109–181, § 1(b)(4), redesignated former subsec. (f) as (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 109–181, § 1(b)(4), added subsec. (f) and redesignated former subsec. (f) as (g).

    Enacted provision · exact public law section
    (4) Section 2320 is further amended— (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: “(f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.” .

19. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 205(a)(1) · 122 Stat. 4256

    1. Inserted · 18 U.S.C. § 2320(a)

       Pub. L. 110–403, § 205(a)(1), inserted subsec. heading

    2. Amended · 18 U.S.C. § 2320(a)

       Pub. L. 110–403, § 205(a)(1), designated existing provisions as par. (1)

    3. Inserted · 18 U.S.C. § 2320(a)

       Pub. L. 110–403, § 205(a)(1), inserted par. heading

    4. Substituted · 18 U.S.C. § 2320(a)

       Pub. L. 110–403, § 205(a)(1), substituted “Whoever;” for “Whoever”, realigned margin

    5. Added · 18 U.S.C. § 2320(a)

       Pub. L. 110–403, § 205(a)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–403, § 205(a)(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, substituted “Whoever;” for “Whoever”, realigned margin, and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “Whoever” and inserting “Offense.—” “(1) In general.— Whoever;” ; (B) by moving the remaining text 2 ems to the right; and (C) by adding at the end the following: “(2) Serious bodily harm or death.— “(A) Serious bodily harm.— If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 20 years, or both. “(B) Death.— If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.” ; and

20. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 205(b) · 122 Stat. 4256

    Amended · 18 U.S.C. § 2320(b)

    Pub. L. 110–403, § 205(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to property subject to forfeiture, forfeiture procedures, and restitution

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–403, § 205(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to property subject to forfeiture, forfeiture procedures, and restitution.

    Enacted provision · exact public law section
    (b) Forfeiture and Destruction of Property; Restitution.— Section 2320(b) of title 18, United States Code, is amended to read as follows: “(b) Forfeiture and Destruction of Property; Restitution.— Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.” .

21. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 205(a)(2) · 122 Stat. 4256

    Added · 18 U.S.C. § 2320(h)

    Pub. L. 110–403, § 205(a)(2), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–403, § 205(a)(2), added subsec. (h).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(h) Transshipment and Exportation.— No goods or services, the trafficking in of which is prohibited by this section, shall be transshipped through or exported from the United States. Any such transshipment or exportation shall be deemed a violation of section 42 of an Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (commonly referred to as the ‘Trademark Act of 1946’ or the ‘Lanham Act’).” .

22. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. A title VIII § 818(h) · 125 Stat. 1298

    1. Amended · 18 U.S.C. § 2320

       Pub. L. 112–81 amended section generally

    2. Added · 18 U.S.C. § 2320

       Pub. L. 112–81 adding provisions relating to counterfeit military goods and services

    Source evidence

    Code amendment note
    Pub. L. 112–81 amended section generally, adding provisions relating to counterfeit military goods and services.

    Enacted provision · exact public law section
    (h) Trafficking in Inherently Dangerous Goods or Services.— Section 2320 of title 18, United States Code, is amended to read as follows: “§ 2320. Trafficking in counterfeit goods or services “(a) Offenses.— Whoever intentionally— “(1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, “(2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, or “(3) traffics in goods or services knowing that such good or service is a counterfeit military good or service the use, malfunction, or failure of which is likely to cause serious bodily injury or death, the disclosure of classified information, impairment of combat operations, or other significant harm to a combat operation, a member of the Armed Forces, or to national security, or attempts or conspires to violate any of paragraphs (1) through (3) shall be punished as provided in subsection (b). “(b) Penalties.— “(1) In general.— Whoever commits an offense under subsection (a)— “(A) if an individual, shall be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, shall be fined not more than $5,000,000; and “(B) for a second or subsequent offense under subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000. “(2) Serious bodily injury or death.— “(A) Serious bodily injury.— Whoever knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned for not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000. “(B) Death.— Whoever knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned for any term of years or for life, or both, and if other than an individual, shall be fined not more than $15,000,000. “(3) Counterfeit military goods or services.— Whoever commits an offense under subsection (a) involving a counterfeit military good or service— “(A) if an individual, shall be fined not more than $5,000,000, imprisoned not more than 20 years, or both, and if other than an individual, be fined not more than $15,000,000; and “(B) for a second or subsequent offense, if an individual, shall be fined not more than $15,000,000, imprisoned not more than 30 years, or both, and if other than an individual, shall be fined not more than $30,000,000. “(c) Forfeiture and Destruction of Property; Restitution.— Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law. “(d) Defenses.— All Applicability. defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense. “(e) Presentence Report.— (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. “(2) Persons permitted to submit victim impact statements shall include— “(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; “(B) holders of intellectual property rights in such goods or services; and “(C) the legal representatives of such producers, sellers, and holders. “(f) Definitions.— For the purposes of this section— “(1) the term ‘counterfeit mark’ means— “(A) a spurious mark— “(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; “(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; “(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and “(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or “(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36; but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation; “(2) the term ‘financial gain’ includes the receipt, or expected receipt, of anything of value; “(3) the term ‘Lanham Act’ means the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved July 5, 1946 (15 U.S.C. 1051 et seq.); “(4) the term ‘counterfeit military good or service’ means a good or service that uses a counterfeit mark on or in connection with such good or service and that— “(A) is falsely identified or labeled as meeting military specifications, or “(B) is intended for use in a military or national security application; and “(5) the term ‘traffic’ means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of. “(g) Limitation on Cause of Action.— Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse. “(h) Report to Congress.— (1) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of this title), criminal infringement of copyrights (as defined in section 2319 of this title), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in section 2319A of this title), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of this title): “(A) The number of open investigations. “(B) The number of cases referred by the United States Customs Service. “(C) The number of cases referred by other agencies or sources. “(D) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and 2320 of title 18. “(2) (A) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following: “(i) The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others. “(ii) The number of online infringement cases. “(iii) The number and dollar amounts of fines assessed in specific categories of dollar amounts. These categories shall be: no fines ordered; fines under $500; fines from $500 to $1,000; fines from $1,000 to $5,000; fines from $5,000 to $10,000; and fines over $10,000. “(iv) The total amount of restitution ordered in all copyright infringement cases. “(B) Definition. In this paragraph, the term ‘online infringement cases’ as used in paragraph (2) means those cases where the infringer— “(i) advertised or publicized the infringing work on the Internet; or “(ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons. “(C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter. “(i) Transshipment and Exportation.— No goods or services, the trafficking in of which is prohibited by this section, shall be transshipped through or exported from the United States. Any such transshipment or exportation shall be deemed a violation of section 42 of an Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (commonly referred to as the ‘Trademark Act of 1946’ or the ‘Lanham Act’).” .

23. 2012

    Food and Drug Administration Safety and Innovation Act

    Pub. L. 112–144 § 717(a)(1) · 126 Stat. 993

    1. Added · 18 U.S.C. § 2320(a)

       Pub. L. 112–144, § 717(a)(1), added par. (4)

    2. Substituted · 18 U.S.C. § 2320(a)

       Pub. L. 112–144, § 717(a)(1), substituted “through (4)” for “through (3)” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–144, § 717(a)(1), added par. (4) and substituted “through (4)” for “through (3)” in concluding provisions.

    Enacted provision · exact public law section
    (1) Offense.— Section 2320(a) of title 18, United States Code, is amended— (A) by striking “or” at the end of paragraph (2); (B) by inserting “or” at the end of paragraph (3); (C) by inserting after paragraph (3) the following: “(4) traffics in a counterfeit drug,” ; and (D) by striking “through (3)” and inserting “through (4)”.

24. 2012

    Food and Drug Administration Safety and Innovation Act

    Pub. L. 112–144 § 717(a)(2) · 126 Stat. 993

    Inserted · 18 U.S.C. § 2320(b)(3)

    Pub. L. 112–144, § 717(a)(2), inserted “and counterfeit drugs” after “services” in heading and “or counterfeit drug” after “service” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 112–144, § 717(a)(2), inserted “and counterfeit drugs” after “services” in heading and “or counterfeit drug” after “service” in introductory provisions.

    Enacted provision · exact public law section
    (2) Penalties.— Section 2320(b)(3) of title 18, United States Code, is amended— (A) in the heading, by inserting “and counterfeit drugs” after “services”; and (B) by inserting “or counterfeit drug” after “service”.

25. 2012

    Food and Drug Administration Safety and Innovation Act

    Pub. L. 112–144 § 717(a)(3) · 126 Stat. 993

    Added · 18 U.S.C. § 2320(f)(6)

    Pub. L. 112–144, § 717(a)(3), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (f)(6). Pub. L. 112–144, § 717(a)(3), added par. (6).

    Enacted provision · exact public law section
    (3) Definition.— Section 2320(f) of title 18, United States Code, is amended— (A) by striking “and” at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting “; and”; and (C) by adding at the end the following: “(6) the term ‘counterfeit drug’ means a drug, as defined by section 201 of the Federal Food, Drug, and Cosmetic Act, that uses a counterfeit mark on or in connection with the drug.” .

26. 2016

    Transnational Drug Trafficking Act of 2015

    Pub. L. 114–154 § 3(2)(A) · 130 Stat. 387

    1. Added · 18 U.S.C. § 2320(a)(4)

       Pub. L. 114–154, § 3(2)(A), added par. (4)

    2. Struck · 18 U.S.C. § 2320(a)(4)

       Pub. L. 114–154, § 3(2)(A), struck out former par. (4) which read as follows: “traffics in a counterfeit drug,”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 114–154, § 3(2)(A), added par. (4) and struck out former par. (4) which read as follows: “traffics in a counterfeit drug,”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking paragraph (4) and inserting the following: “(4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug,” ;

27. 2016

    Transnational Drug Trafficking Act of 2015

    Pub. L. 114–154 § 3(2)(B) · 130 Stat. 387

    Substituted · 18 U.S.C. § 2320(b)(3)

    Pub. L. 114–154, § 3(2)(B), substituted “drug that uses a counterfeit mark on or in connection with the drug” for “counterfeit drug” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 114–154, § 3(2)(B), substituted “drug that uses a counterfeit mark on or in connection with the drug” for “counterfeit drug” in introductory provisions.

    Enacted provision · exact public law section
    (B) in subsection (b)(3), in the matter preceding subparagraph (A), by striking “counterfeit drug” and inserting “drug that uses a counterfeit mark on or in connection with the drug”; and

28. 2016

    Transnational Drug Trafficking Act of 2015

    Pub. L. 114–154 § 3(2)(C) · 130 Stat. 387

    1. Added · 18 U.S.C. § 2320(f)(6)

       Pub. L. 114–154, § 3(2)(C), added par. (6)

    2. Struck · 18 U.S.C. § 2320(f)(6)

       Pub. L. 114–154, § 3(2)(C), struck out former par. (6) which defined “counterfeit drug”

    Source evidence

    Code amendment note
    Subsec. (f)(6). Pub. L. 114–154, § 3(2)(C), added par. (6) and struck out former par. (6) which defined “counterfeit drug”.

    Enacted provision · exact public law section
    (C) in subsection (f), by striking paragraph (6) and inserting the following: “(6) the term ‘drug’ means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).” .

51 of 51 references resolved to an enrolled provision