I 
110TH CONGRESS 
2D SESSION 
H. R. 7224 
To amend title 18, United States Code, to create an offense for misuse 
in communications of a registered mark. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2008 
Mr. CANNON introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to create an offense 
for misuse in communications of a registered mark. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CRIMINAL MISUE OF REGISTERED MARK. 
(a) IN GENERAL.—Chapter 113 of title 18, United 
States Code, is amended by inserting after section 2320 
the following new section: 
‘‘§ 2320A. Criminal misuse of registered mark 
‘‘(a) OFFENSE.— 
‘‘(1) IN
GENERAL.—Whoever, in communica-
tions that may be regulated by Congress, uses a 
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trademark, service mark, collective mark, or certifi-
cation mark registered on the principal register in 
the United States Patent and Trademark Office, 
with the intent to deceive the public to believe that 
such use is authorized by the owner of the mark 
shall— 
‘‘(A) if an individual, be fined not more 
than $2,000,000 or imprisoned not more than 
10 years, or both; and 
‘‘(B) if a person other than an individual, 
be fined not more than $5,000,000. 
‘‘(2) SUBSEQUENT OFFENSES.—In the case of 
an offense by a person under paragraph (1) that oc-
curs after that person is convicted of another offense 
under paragraph (1), the person convicted shall— 
‘‘(A) if an individual, be fined not more 
than $5,000,000 or imprisoned not more than 
20 years, or both; and 
‘‘(B) if other than an individual, be fined 
not more than $15,000,000. 
‘‘(b) DEFENSES AND LIMITATIONS ON REMEDIES.— 
All defenses, affirmative defenses, and limitations on rem-
edies that would apply in an action under the Lanham 
Act shall apply in a prosecution under this section. In a 
prosecution under this section, the defendant shall have 
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the burden of proof, by a preponderance of the evidence, 
of any such affirmative defense. 
‘‘(c) PRE-SENTENCE REPORT.—During preparation 
of the pre-sentence report pursuant to Rule 32(c) of the 
Federal Rules of Criminal Procedure, victims of the of-
fense under subsection (a) shall be permitted to submit, 
and the probation officer shall receive, a victim impact 
statement that identifies the victim of the offense and the 
extent and scope of the injury and loss suffered by the 
victim, including the estimated economic impact of the of-
fense on that victim. 
‘‘(d) DEFINITION.—For purposes of this section, the 
term ‘Lanham Act’ means the Act entitled ‘An Act to pro-
vide for the registration and protection of trademarks used 
in commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes’, approved 
July 5, 1946.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions and the begining of chapter 113 of title 18, United 
States Code, is amended by inserting adter the item relat-
ing to section 2320 the following new item 
‘‘2320A. Criminal misuse of registered mark.’’. 
Æ 
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