III 

117TH CONGRESS 

2D SESSION S. RES. 738 

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 

AUGUST 2, 2022 

Mr. GRASSLEY (for himself, Mr. COONS, Mr. DURBIN, Mr. TILLIS, and Mr. 

WARNOCK) 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 


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2 

•SRES 738 ATS 

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

‘‘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 64,400,000 active trademark registrations around the world in 2020, an 11.2 

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; 


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•SRES 738 ATS 

Whereas the deceptive tactics of counterfeiters and their 

counterfeit products pose actual and potential harm to 

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 2021 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; 

Whereas goods originating in China and Hong Kong account 

for approximately 80 percent of all global customs seizures of dangerous counterfeit goods, including foodstuffs, pharmaceuticals, cosmetics, and other goods; 

Whereas many international criminals have used the pandemic to exploit the market with numerous counterfeits, 

and as a result, have defrauded United States citizens; 

Whereas the Federal Bureau of Investigation has stressed the 

need to educate the healthcare industry, private organizations, and the public of the United States on the increased potential for counterfeit medical equipment that 

is used in relation to the COVID–19 pandemic; 

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; 


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•SRES 738 ATS 

Whereas, according to the World Trademark review, ‘‘as of 

25 March 2021, there have been 2,054 covid-19-related 

seizures, including counterfeit masks and medicines totaling in excess of $47.2 million, with 265 arrests’’; 

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

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 in 2021 the DEA seized a staggering 

20,400,000 fake 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 2021, the United States Customs and Border 

Protection reported 20,252 counterfeit good seizures, 

with ‘‘an estimated manufacturer’s suggested retail price 

(MSRP) of over $2.15 billion if the goods were 

authentic[, which] equates to about $5.88 million 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; 


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•SRES 738 ATS 

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 

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

Whereas 1 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 2022 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; 


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•SRES 738 ATS 

1 (3) affirms the continuing importance and need 

2 for comprehensive Federal, State, and private sector3 supported education and awareness efforts designed 

4 to equip the consumers of the United States with 

5 the information and tools needed to safeguard 

6 against illegal counterfeit products in traditional 

7 commerce, internet commerce, and other electronic 

8 commerce platforms; and 

9 (4) recognizes and reaffirms the commitment of 

10 the United States to combating counterfeiting by 

11 promoting awareness about the actual and potential 

12 harm of counterfeiting to consumers and brand own13 ers and by promoting new education programs and 

14 campaigns designed to reduce the supply of, and de15 mand for, counterfeit products. 

Æ 


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