H.R.4358 - Stop Counterfeiting in Manufactured Goods Act108th Congress (2003-2004)
|Sponsor:||Rep. Knollenberg, Joe [R-MI-9] (Introduced 05/13/2004)|
|Committees:||House - Judiciary|
|Latest Action:||House - 05/20/2004 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (All Actions)|
This bill has the status Introduced
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Summary: H.R.4358 — 108th Congress (2003-2004)All Information (Except Text)
Introduced in House (05/13/2004)
Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any articles in a defendant's possession bear or are counterfeit marks, to order the forfeiture and destruction of such articles, regardless of the defendant's criminal culpability; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation.
Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion.
Authorizes the court, in determining whether a particular mark is a "famous mark," to consider information, data, testimony, and documentation regarding specified factors, such as the degree of inherent or acquired distinctiveness and the degree of general public recognition of the mark, and the record of successful criminal, civil, or administrative enforcement of rights in the mark. Places upon the United States the burden of proof and persuasion regarding the determination of whether a particular mark is a famous mark.
Prohibits prosecution of a person by virtue of a counterfeit mark that has been lawfully registered and that is valid at the time of the alleged offense.