Stop Counterfeiting in Manufactured Goods Act

Bill: 109-s-1699
Sponsor: Sen. Specter, Arlen [R-PA]
Introduced: 2005-09-14 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Commerce
Counterfeiting
Emblems
Forfeiture
Government Operations and Politics
Intellectual property
Labeling
Law
Packaging
Sentencing guidelines
Signs and symbols
Trademarks
U.S. Sentencing Commission

Summary:
action_date: 2005-09-14
text: 
Stop Counterfeiting in Manufactured Goods Act - Modifies federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property derived from proceeds of, or used in the commission of, the violation. Directs the court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any forfeited article bearing or consisting of a counterfeit mark; and (2) to order a person convicted of such offense to pay restitution to the owner of the mark and any other victim of the property offense.
 
Makes criminal penalties applicable to persons who intentionally traffic, or attempt to traffic, in labels or packaging knowing that a counterfeit mark had been applied, the use of which was likely to cause confusion or mistake, or to deceive.
 
Modifies the definition of &quot;counterfeit mark&quot; to include a spurious mark that is applied to, or consists of, a label, patch, medallion, documentation, or packaging that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the U.S. Patent and Trademark Office. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging of genuine goods or services not intended to deceive or confuse.
 
Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of trafficking in counterfeit labels or marks; and (2) determine whether the definition of &quot;infringement amount&quot; under the guidelines is adequate to address situations in which the defendant has been so convicted and the item the defendant trafficked in was intended to facilitate infringement.

action_date: 2005-11-10
text: 
Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) Amends federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property derived from proceeds of, or used in the commission of, the violation. Makes code provisions regarding civil forfeitures, including general rules for civil forfeiture proceedings, applicable to any seizure or civil forfeiture under this section. Directs the court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any forfeited article bearing or consisting of a counterfeit mark; and (2) to order a person convicted of such offense to pay restitution to the owner of the mark and any other victim of the property offense.
 
Makes criminal penalties applicable to persons who intentionally traffic, or attempt to traffic, in labels or packaging the use of which is likely to cause confusion, to cause mistake, or to deceive.
 
Modifies the definition of &quot;counterfeit mark&quot; to include a spurious mark that is applied to, or consists of, a label, patch, medallion, documentation, or packaging that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the U.S. Patent and Trademark Office. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging of genuine goods or services not intended to deceive or confuse.
 
(Sec. 3) Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of trafficking in counterfeit labels or marks; and (2) determine whether the definition of &quot;infringement amount&quot; under the guidelines is adequate to address situations in which the defendant has been so convicted and the item the defendant trafficked in was intended to facilitate infringement.


Legislative actions:
action_date: 2005-11-14
text: Held at the desk.
action_date: 2005-11-14
text: Message on Senate action sent to the House.
action_date: 2005-11-14
text: Received in the House.
action_date: 2005-11-10
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S12714-12718; text as passed Senate: CR S12714-12715)
action_date: 2005-11-10
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S12714-12718; text as passed Senate: CR S12714-12715)
action_date: 2005-11-07
text: Star Print ordered on the bill, as reported.
action_date: 2005-11-03
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 278.
action_date: 2005-11-03
text: Committee on the Judiciary. Reported by Senator Specter with an amendment. Without written report.
action_date: 2005-11-03
text: Committee on the Judiciary. Reported by Senator Specter with an amendment. Without written report.
action_date: 2005-11-03
text: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
action_date: 2005-09-14
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2005-09-14
text: Sponsor introductory remarks on measure. (CR S10044)
action_date: 2005-09-14
text: Introduced in Senate