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18 U.S.C. § 2320 — Trafficking in counterfeit goods or services
Federal law — U.S. Code and appendices · legal_authorities
**(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,
(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
(4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug,
or attempts or conspires to violate any of paragraphs (1) through (4) 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 i
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Stable record: federal_law:legal_authorities:record_usc_d16d99817db9958f98b6c54e
Source file: Laws/federal/codes/united-states-code/title-18/section-2320-trafficking-in-counterfeit-goods-or-services--c76ecbeca2.md
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Source location: Title 18, Chapter 113, § 2320; chapter-113-stolen-property.md
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**(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,
(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
(4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug,
or attempts or conspires to violate any of paragraphs (1) through (4) 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 and counterfeit drugs.—** — Whoever commits an offense under subsection (a) involving a counterfeit military good or service or drug that uses a counterfeit mark on or in connection with the drug—
(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section220506&num=0&edition=prelim);
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) 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;
(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; and
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim)).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section522&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2318&num=0&edition=prelim)), criminal infringement of copyrights (as defined in [section 2319 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2319&num=0&edition=prelim)), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in [section 2319A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2319a&num=0&edition=prelim)), or trafficking in goods or services bearing counterfeit marks (as defined in [section 2320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2320&num=0&edition=prelim)):
(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) 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”).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) 11 So in original. No par. (2) has been enacted. Whoever, in any of the circumstances described in subsection (c), knowingly traffics in—
(A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany—
(i) a phonorecord;
(ii) a copy of a computer program;
(iii) a copy of a motion picture or other audiovisual work;
(iv) a copy of a literary work;
(v) a copy of a pictorial, graphic, or sculptural work;
(vi) a work of visual art; or
(vii) documentation or packaging; or
(B) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more than 5 years, or both.
**(b)** As used in this section—
(1) the term “counterfeit label” means an identifying label or container that appears to be genuine, but is not;
(2) the term “traffic” has the same meaning as in [section 2320(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2320/f&num=0&edition=prelim);
(3) the terms “copy”, “phonorecord”, “motion picture”, “computer program”, “audiovisual work”, “literary work”, “pictorial, graphic, or sculptural work”, “sound recording”, “work of visual art”, and “copyright owner” have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17;
(4) the term “illicit label” means a genuine certificate, licensing document, registration card, or similar labeling component—
(A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person who violates section 506(a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b), (c), and (d) and such penalties shall be in addition to any other provisions of title 17 or any other law.
**(b)** Any person who commits an offense under [section 506(a)(1)(A) of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506/a/1/A&num=0&edition=prelim)—
(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.
**(c)** Any person who commits an offense under [section 506(a)(1)(B) of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506/a/1/B&num=0&edition=prelim)—
(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
(3) shall be imp
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusive Right of Corporation.—** Except as provided in subsection (d) of this section, the corporation has the exclusive right to use—
(1) the name “United States Olympic and Paralympic Committee”;
(2) the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 Agitos, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by concentric rings;
(3) the emblem of the corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocking rings displayed on the chief; and
(4) the words “Olympic”, “Olympiad”, “Citius Altius Fortius”, “Paralympic”, “Paralympiad”, “Pan-American”, “Parapan American”, “America Espirito Sport Fraternite”, or any combination of those words.
**(b) Contributors and Suppliers.—** The corporation may authorize contributors and suppliers of goods or services to use the trade name of the corporation or any trademark, symbol, insignia, or emblem of the International Olympic Committee, International Paralympic Committee, the Pan-American Sports Organization, or of the corporation to advertise that the contributions, goods, or services were donated or supplied to, or approved, selected, or used by, the corporation, the United States Olympic team, the Paralympic team, the Pan-American team, the Parapan American team, or team members.
**(c) Civil Action for Unauthorized Use.—** Except as provided in subsection (d) of this section, the corporation may file a civil action against a person for the remedies provided in the Act of July 5, 1946 ([15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=pr
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General, by April 1 of each year, shall report to Congress on the business of the Department of Justice for the last preceding fiscal year, and on any other matters pertaining to the Department that he considers proper, including—
(1) a statement of the several appropriations which are placed under the control of the Department and the amount appropriated;
(2) the statistics of crime under the laws of the United States; and
(3) a statement of the number of causes involving the United States, civil and criminal, pending during the preceding year in each of the several courts of the United States.
**(b)** With respect to any data, records, or other information acquired, collected, classified, preserved, or published by the Attorney General for any statistical, research, or other aggregate reporting purpose beginning not later than 1 year after the date of enactment of 11 So in original. Probably should be followed by “the”. 21st Century Department of Justice Appropriations Authorization Act and continuing thereafter, and notwithstanding any other provision of law, the same criteria shall be used (and shall be required to be used, as applicable) to classify or categorize offenders and victims (in the criminal context), and to classify or categorize actors and acted upon (in the noncriminal context).
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, shall be fined under this title or imprisoned not more than ten years, or both.
**(b)** Subsection (a) does not apply if the removal, obliteration, tampering, or alteration—
(1) is caused by collision or fire; or
(2) is not a violation of [section 511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section511&num=0&edition=prelim).
**(c)** As used in this section, the terms “identification number” and “motor vehicle” have the meaning given those terms in [section 511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section511&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
**(a)**
(1) The term “State”, except as used in the last sentence of [section 372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section372/a&num=0&edition=prelim), means any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) The term “Territory” means any Territory or possession of the United States, including the District of Columbia, and excluding the Commonwealth of Puerto Rico and the Canal Zone.
**(b)** The term “interstate commerce” means (1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body.
**(c)** The term “Department” means Department of Health and Human Services.
**(d)** The term “Secretary” means the Secretary of Health and Human Services.
**(e)** The term “person” includes individual, partnership, corporation, and association.
**(f)** The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.
**(g)**
(1) The term “drug” means (A) articles recognized in the official United States Pharmacopoeia,11 So in original. Probably should be “Pharmacopeia,”. official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specif
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for use of trademark**
(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by othe
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
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