18 U.S.C. § 2320
or attempts or conspires to violate any of paragraphs (1) through (4) shall be punished as provided in subsection (b).
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;
18 U.S.C. § 2320
EDITORIAL NOTES
REFERENCES IN TEXTThe Lanham Act, referred to in subsecs. (d), (f)(1)(B), (3), and (i), also known as the Trademark Act of 1946, is act July 5, 1946, ch. 540, 60 Stat. 427, which is classified generally to chapter 22 (§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. (e)(1), are set out in the Appendix to this title.The date of enactment of this subsection, referred to in subsec. (h)(1), is the date of enactment of Pub. L. 112-81 which was approved Dec. 31, 2011.
CODIFICATIONAnother section 2320 was renumbered section 2321 of this title.
AMENDMENTS2016-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,". 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.Subsec. (f)(6). Pub. L. 114-154, §3(2)(C), added par. (6) and struck out former par. (6) which defined "counterfeit drug".2012-Subsec. (a). Pub. L. 112-144, §717(a)(1), added par. (4) and substituted "through (4)" for "through (3)" in concluding provisions.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.Subsec. (f)(6). Pub. L. 112-144, §717(a)(3), added par. (6).2011- Pub. L. 112-81 amended section generally, adding provisions relating to counterfeit military goods and services.2008-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).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.Subsec. (h). Pub. L. 110-403, §205(a)(2), added subsec. (h).2006-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".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."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;".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". 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".Subsec. (e)(3), (4). Pub. L. 109-181, §2(b)(2), (3), added par. (3) and redesignated former par. (3) as (4).Subsecs. (f), (g). Pub. L. 109-181, §1(b)(4), added subsec. (f) and redesignated former subsec. (f) as (g). 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, §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, §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".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.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. 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.)."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, §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.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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-354, §2(c), Nov. 3, 1998, 112 Stat. 3244, provided that the amendment made by section 2(c) is effective Aug. 12, 1998.
TRANSFER OF FUNCTIONSFor 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107-296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114-125 and section 802(b) of Pub. L. 114-125 set out as a note under section 211 of Title 6.
PRIORITY GIVEN TO CERTAIN INVESTIGATIONS AND PROSECUTIONS Pub. L. 112-144, title VII, §717(a)(4), July 9, 2012, 126 Stat. 1076, provided that: "The Attorney General shall give increased priority to efforts to investigate and prosecute offenses under section 2320 of title 18, United States Code, that involve counterfeit drugs."
FINDINGS Pub. L. 109-181, §1(a)(2), Mar. 16, 2006, 120 Stat. 285, provided that: "The Congress finds that-"(A) the United States economy is losing millions of dollars in tax revenue and tens of thousands of jobs because of the manufacture, distribution, and sale of counterfeit goods; "(B) the Bureau of Customs and Border Protection estimates that counterfeiting costs the United States $200 billion annually; "(C) counterfeit automobile parts, including brake pads, cost the auto industry alone billions of dollars in lost sales each year; "(D) counterfeit products have invaded numerous industries, including those producing auto parts, electrical appliances, medicines, tools, toys, office equipment, clothing, and many other products;"(E) ties have been established between counterfeiting and terrorist organizations that use the sale of counterfeit goods to raise and launder money; "(F) ongoing counterfeiting of manufactured goods poses a widespread threat to public health and safety; and"(G) strong domestic criminal remedies against counterfeiting will permit the United States to seek stronger anticounterfeiting provisions in bilateral and international agreements with trading partners."