Stop Counterfeiting in Manufactured Goods Act

Summary

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 "counterfeit mark" 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 "infringement amount" 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.

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Documents

8 official files

• Engrossed in Senate (text)

  Engrossed in Senate · EN · 10 November 2005

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• Engrossed in Senate (PDF)

  Engrossed in Senate · EN · 10 November 2005

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• Passed Senate amended

  summary · EN · 10 November 2005

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• Reported to Senate (text)

  Reported to Senate · EN · 3 November 2005

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• Reported to Senate (PDF)

  Reported to Senate · EN · 3 November 2005

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• Introduced in Senate (text)

  Introduced in Senate · EN · 14 September 2005

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 14 September 2005

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• Introduced in Senate

  summary · EN · 14 September 2005

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