Stop Counterfeiting in Manufactured Goods Act

Bill: 109-hr-32
Sponsor: Rep. Knollenberg, Joe [R-MI-9]
Introduced: 2005-01-04 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Arts, Culture, Religion
Commerce
Compensation for victims of crime
Computer software
Deceptive advertising
Evidence (Law)
Fines (Penalties)
Forfeiture
Government Operations and Politics
Intellectual property
Labeling
Law
Music
Packaging
Product counterfeiting
Science, Technology, Communications
Sentencing guidelines
Sound recording and reproducing
Trademarks
U.S. Sentencing Commission
Video tape recording

Summary:
action_date: 2005-01-04
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. Directs the court: (1) upon a determination by a preponderance of the evidence that any article in a defendant's possession bears or is a counterfeit mark, to order the forfeiture and destruction of such article, regardless of whether the defendant is convicted of an offense; 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 &quot;counterfeit mark&quot; to include a spurious mark that is applied to, or consists of, a label, patch or medallion.
 Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging, without deception, of genuine goods or services.
action_date: 2005-05-23
text: 
Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) 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. 
 
(Sec. 3) Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of circumvention of copyright protection systems, violating the integrity of copyright management information, or 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: 2006-02-15
text: 
Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive. 
 
Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.
 
Modifies the definition of &quot;counterfeit mark&quot; to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive. 
 
Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution 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 federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of &quot;infringement amount.&quot; 
 
Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of &quot;traffic&quot; for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

action_date: 2006-03-16
text: 

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.

 
Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive. 
 
Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of &quot;counterfeit mark&quot; to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive. 

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution 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 federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of &quot;infringement amount.&quot; 
 
Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of &quot;traffic&quot; for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.


Legislative actions:
action_date: 2006-03-16
text: Became Public Law No: 109-181.
action_date: 2006-03-16
text: Became Public Law No: 109-181.
action_date: 2006-03-16
text: Signed by President.
action_date: 2006-03-16
text: Signed by President.
action_date: 2006-03-10
text: Presented to President.
action_date: 2006-03-10
text: Presented to President.
action_date: 2006-03-07
text: Cleared for White House.
action_date: 2006-03-07
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-03-07
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H593-594)
action_date: 2006-03-07
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(text as House agreed to Senate amendment: CR H593-594)
action_date: 2006-03-07
text: DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 32.
action_date: 2006-03-07
text: Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H593-596)
action_date: 2006-02-15
text: Message on Senate action sent to the House.
action_date: 2006-02-15
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2006-02-15
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2006-02-15
text: Measure laid before Senate by unanimous consent. (consideration: CR S1367-1370)
action_date: 2006-02-15
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2006-02-15
text: Senate Committee on the Judiciary discharged by Unanimous Consent.
action_date: 2005-05-24
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2005-05-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-05-23
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3699-3700)
action_date: 2005-05-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3699-3700)
action_date: 2005-05-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 32.
action_date: 2005-05-23
text: Considered under suspension of the rules. (consideration: CR H3677-3703)
action_date: 2005-05-23
text: Mr. Goodlatte moved to suspend the rules and pass the bill, as amended.
action_date: 2005-05-03
text: Placed on the Union Calendar, Calendar No. 34.
action_date: 2005-05-03
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-68.
action_date: 2005-05-03
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-68.
action_date: 2005-04-13
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2005-04-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-03-17
text: Forwarded by Subcommittee to Full Committee by Voice Vote.
action_date: 2005-03-17
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2005-03-02
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2005-01-04
text: Referred to the House Committee on the Judiciary.
action_date: 2005-01-04
text: Sponsor introductory remarks on measure. (CR E19-20)
action_date: 2005-01-04
text: Introduced in House
action_date: 2005-01-04
text: Introduced in House

Enacted as: number: 109-181