Conviction Report for All Agencies in the Latest Month (7 in June 2008)

Conviction Report for All Agencies in Current Fiscal Year (est. 74 in FY 2008)

Geographic Distribution of Convictions for All Agencies, FY 2008

CITE

    18 USC Sec. 2320                                            01/02/2006

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

HEAD

    Sec. 2320. Trafficking in counterfeit goods or services

STATUTE

      (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 $2,000,000 or imprisoned not more than 10
    years, or both, and, if a person other than an individual, be fined
    not more than $5,000,000. 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 $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.
      (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
    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)(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.
      (e) 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 220506 of title 36;
      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; and
        (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.).
      (f)(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 this title.
      (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.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 1502(a), Oct. 12, 1984, 98
    Stat. 2178; amended Pub. L. 103-322, title XXXII, Sec. 320104(a),
    title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2110,
    2148; Pub. L. 104-153, Sec. 5, July 2, 1996, 110 Stat. 1387; Pub.
    L. 105-147, Sec. 2(f), Dec. 16, 1997, 111 Stat. 2679; Pub. L. 105-
    225, Sec. 4(b), Aug. 12, 1998, 112 Stat. 1499; Pub. L. 105-354,
    Sec. 2(c)(1), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 107-140, Sec.
    1, Feb. 8, 2002, 116 Stat. 12; Pub. L. 107-273, div. A, title II,
    Sec. 205(e), Nov. 2, 2002, 116 Stat. 1778.)

REFERENCES IN TEXT

      The Lanham Act, referred to in subsecs. (c) and (e)(1)(B), (3),
    also known as the Trademark Act of 1946, is act July 5, 1946, ch.
    540, 60 Stat. 427, as amended, which is classified generally to
    chapter 22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1051 of Title 15 and Tables.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (d)(1), are set out in the Appendix to this title.
      The date of enactment of this subsection, referred to in subsec.
    (f), is date of enactment of Pub. L. 104-153, which was approved
    July 2, 1996.

CODIFICATION

      Another section 2320 was renumbered section 2321 of this title.

AMENDMENTS

      2002 - Subsec. (e)(1)(B). Pub. L. 107-140 substituted "section
    220506 of title 36" for "section 220706 of title 36".
      Subsec. (f). Pub. L. 107-273, Sec. 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).
      1998 - Subsec. (e)(1)(B). Pub. L. 105-225, Sec. 4(b)(1), as
    amended by Pub. L. 105-354, Sec. 2(c)(1), substituted "section
    220706 of title 36" for "section 110 of the Olympic Charter Act".
      Subsec. (e)(2). Pub. L. 105-225, Sec. 4(b)(2), as amended by Pub.
    L. 105-354, Sec. 2(c)(1), inserted "and" after semicolon at end.
      Subsec. (e)(3). Pub. L. 105-225, Sec. 4(b)(3), as amended by Pub.
    L. 105-354, Sec. 2(c)(1), substituted a period for "; and" at end.
      Subsec. (e)(4). Pub. L. 105-225, Sec. 4(b)(4), as amended by Pub.
    L. 105-354, Sec. 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.)."
      1997 - Subsecs. (d) to (f). Pub. L. 105-147 added subsec. (d) and
    redesignated former subsecs. (d) and (e) as (e) and (f),
    respectively.
      1996 - Subsec. (e). Pub. L. 104-153 added subsec. (e).
      1994 - Pub. L. 103-322, Sec. 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, Sec. 320104(a). See
    below.
      Subsec. (a). Pub. L. 103-322, Sec. 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".
                     EFFECTIVE DATE OF 1998 AMENDMENT
      Pub. L. 105-354, Sec. 2(c), Nov. 3, 1998, 112 Stat. 3244,
    provided that the amendment made by section 2(c) is effective Aug.
    12, 1998.

TRANSFER OF FUNCTIONS

      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.