III 

118TH CONGRESS 

1ST SESSION S. RES. 325 

Recognizing the importance of trademarks in the economy and the role 

of trademarks in protecting consumer safety, by designating the month 

of August as ‘‘National Anti-Counterfeiting and Consumer Education 

and Awareness Month’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2023 

Mr. COONS (for himself and Mr. GRASSLEY) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Recognizing the importance of trademarks in the economy 

and the role of trademarks in protecting consumer safety, by designating the month of August as ‘‘National 

Anti-Counterfeiting and Consumer Education and Awareness Month’’. 

Whereas public awareness is crucial to safeguard consumers 

and businesses from unsafe and unreliable products that, 

through illicit activity, threaten intellectual property 

rights, the economic market, and even the health and 

well-being of consumers; 

Whereas Federal statutes such as the Act of July 5, 1946 

(commonly referred to as the ‘‘Trademark Act of 1946’’ 

or the ‘‘Lanham Act’’) (60 Stat. 427, chapter 540; 15 

U.S.C. 1051 et seq.) (referred to in this preamble as the 


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•SRES 325 ATS 

‘‘Lanham Act’’) and the Trademark Counterfeiting Act 

of 1984 (Public Law 98–473; 98 Stat. 2178) regulate the 

unlawful act of producing and selling counterfeit products; 

Whereas the Lanham Act provided the foundation for modern 

Federal trademark protection, creating legal rights and 

remedies for brand owners suffering from trademark infringement, helping consumers make informed choices by 

reducing the amount of confusingly similar products, and 

making the marketplace more fair, competitive, and safe 

for all; 

Whereas, according to the World Intellectual Property Organization, there was an estimated 73,700,000 active trademark registrations around the world in 2021, a 14.3 percent increase from the previous year; 

Whereas counterfeit products undermine laws, including the 

Lanham Act, that ensure the safety of consumers, businesses, and brand owners against illegitimate products in 

the marketplace, from which criminal groups and bad actors are benefitting at the expense of the public and private sector; 

Whereas counterfeiters use different online platforms to attract consumers to buy illegitimate goods, usually enticing consumers through cheaper prices; 

Whereas the growth of both global commerce and electronic 

commerce has expedited the evolving problem because it 

has given third-party actors an enhanced opportunity to 

reach consumers that they may have not previously been 

able to reach; 

Whereas the deceptive tactics of counterfeiters and their 

counterfeit products pose actual and potential harm to 


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the health and safety of United States citizens, especially 

the most vulnerable consumers in society, such as senior 

citizens and children; 

Whereas, according to the 2023 Special 301 Report issued by 

the Office the United States Trade Representative, counterfeit items often do not comply with regulated safety 

standards, and as a result, vast amounts of unsafe products are constantly circulating the market and endangering the public; 

Whereas goods originating in China and Hong Kong account 

for more than 80 percent of all global customs seizures 

of dangerous counterfeit goods, including foodstuffs, 

pharmaceuticals, cosmetics, and other goods; 

Whereas many international criminals used the COVID–19 

pandemic to exploit the market with numerous counterfeits, and as a result, have defrauded United States citizens; 

Whereas counterfeit medical products pose a particular threat 

to the safety and health of consumers in the United 

States because the counterfeit product does not provide 

the same level of protection as an authentic article; 

Whereas these dangers were elevated during the COVID–19 

pandemic by significant trafficking in counterfeit personal protective equipment, medical devices, and COVID– 

19 treatments; 

Whereas, according to the World Trademark review, as of 

March 25, 2021, there were 2,054 COVID–19 related 

seizures, including counterfeit masks and medicines totaling in excess of $47,200,000, with 265 arrests; 

Whereas, in September 2021, the Drug Enforcement Administration (‘‘DEA’’) issued its first Public Safety Alert in 


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6 years to warn the public about the alarming increase 

in the availability and lethality of fake prescription pills 

in the United States, pills that often contain deadly doses 

of fentanyl, and as of July 2023, the DEA has seized a 

staggering 39,200,000 fentanyl-laced prescription pills; 

Whereas counterfeit products threaten the United States 

economy and job creation, and according to United 

States Customs and Border Protection, counterfeiting 

and piracy cost businesses in the United States more 

than $200,000,000,000 per year and has led to the loss 

of 750,000 jobs; 

Whereas, in 2022, the United States Customs and Border 

Protection seized more than 24,500,000 counterfeit 

goods, with an estimated manufacturer’s suggested retail 

price of over $2,980,000,000 if the goods were genuine, 

which equates to about $8,164,383 in counterfeit goods 

seizures every day; 

Whereas the manufacturing, trade, and consumption of counterfeit products are on the rise; 

Whereas, according to the United States Patent and Trademark Office, as of 2020, at least 20 percent of counterfeit and pirated goods sold abroad displace sales in the 

United States, and of the $143,000,000,000 sold of such 

goods, the United States economy suffers a loss of 

around $29,000,000,000 per year; 

Whereas businesses of all sizes collectively spend millions of 

dollars to protect and enforce their own brand and products by removing counterfeit products from both online 

and physical marketplaces; 

Whereas businesses must devote resources to combating 

counterfeit products instead of using those resources to 


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grow their business by hiring new employees and developing new products; 

Whereas one of the most effective ways to protect consumers 

of the dangers of counterfeit products is through educational campaigns and awareness programs; and 

Whereas organizations such as the Congressional Trademark 

Caucus, Federal enforcement agencies, the National Intellectual Property Rights Coordination Center, and State 

enforcement agencies are actively working to raise awareness of the value of trademarks and the impact and 

harms caused by counterfeit products on both the national and State economies: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates the month of August 2023 as 

3 ‘‘National Anti-Counterfeiting and Consumer Edu4 cation and Awareness Month’’; 

5 (2) supports the goals and ideals of National 

6 Anti-Counterfeiting and Consumer Education and 

7 Awareness Month to educate the public and raise 

8 public awareness about the actual and potential dan9 gers counterfeit products pose to consumer health 

10 and safety; 

11 (3) affirms the continuing importance and need 

12 for comprehensive Federal, State, and private sector13 supported education and awareness efforts designed 

14 to equip the consumers of the United States with 

15 the information and tools needed to safeguard 

16 against illegal counterfeit products in traditional 


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1 commerce, internet commerce, and other electronic 

2 commerce platforms; and 

3 (4) recognizes and reaffirms the commitment of 

4 the United States to combating counterfeiting by 

5 promoting awareness about the actual and potential 

6 harm of counterfeiting to consumers and brand own7 ers and by promoting new education programs and 

8 campaigns designed to reduce the supply of, and de9 mand for, counterfeit products. 

Æ 


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