§ 2320.
(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).
(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.
(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;
(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).
(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”).
(Added [Pub. L. 98–473, title II, § 1502(a)], Oct. 12, 1984, [98 Stat. 2178]; amended [Pub. L. 103–322, title XXXII, § 320104(a)], title XXXIII, § 330016(1)(U), Sept. 13, 1994, [108 Stat. 2110], 2148; [Pub. L. 104–153, § 5], July 2, 1996, [110 Stat. 1387]; [Pub. L. 105–147, § 2(f)], Dec. 16, 1997, [111 Stat. 2679]; [Pub. L. 105–225, § 4(b)], Aug. 12, 1998, [112 Stat. 1499]; [Pub. L. 105–354, § 2(c)(1)], Nov. 3, 1998, [112 Stat. 3244]; [Pub. L. 107–140, § 1], Feb. 8, 2002, [116 Stat. 12]; [Pub. L. 107–273, div. A, title II, § 205(e)], Nov. 2, 2002, [116 Stat. 1778]; [Pub. L. 109–181], §§ 1(b), 2(b), Mar. 16, 2006, [120 Stat. 285], 288; [Pub. L. 110–403, title II, § 205], Oct. 13, 2008, [122 Stat. 4261]; [Pub. L. 112–81, div. A, title VIII, § 818(h)], Dec. 31, 2011, [125 Stat. 1497]; [Pub. L. 112–144, title VII, § 717(a)(1)]–(3), July 9, 2012, [126 Stat. 1076]; [Pub. L. 114–154, § 3(2)], May 16, 2016, [130 Stat. 387].)