Trademark Counterfeiting Act of 1984

report together with additional views (to accompany H.R. 6071) (including cost estimate of the Congressional Budget Office). by United States. Congress. House. Committee on the Judiciary

Publisher: U.S. G.P.O. in [Washington, D.C.?

Written in English
Published: Pages: 36 Downloads: 323
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Subjects:

  • Counterfeits and counterfeiting -- United States,
  • Trademarks -- United States,
  • Olympics,
  • Criminal law -- United States

Edition Notes

SeriesReport / 98th Congress, 2d session, House of Representatives -- 98-997.
The Physical Object
Pagination36 p. ;
Number of Pages36
ID Numbers
Open LibraryOL17800875M

Laguna Woods resident Jules D. Zalon is a lawyer specializing in IP and entertainment litigation. Mr. Zalon’s experience in statutory interpretation includes re-interpreting the federal Trademark Act, resulting in the John Doe seizure procedure and Congress' follow-up passage of the Trademark Counterfeiting Act of Trademark Counterfeiting Act Penalties for individuals dealing in counterfeit goods. Toy Safety Act Tremendous impact on consumer protection laws with his book "Unsafe at Any Speed". Critique on GM Corvair. Arkansas.   The Lanham Act was significantly amended by the Trademark Counterfeiting Act of , 98 Stat. , the Trademark Law Revision Act of , Stat. , the Trademark Remedy Clarification Act (), Stat. , the Uruguay Round Agreements Act (), Stat. , the Federal Trademark Dilution Act of , Stat. , the.   Well, since the Games and in conjunction with the U.S. Trademark Counterfeiting Act of , penalties have become increasingly more severe. This can include jail time and fines ranging in the millions of dollars. [7].

  The US anti-counterfeiting regime is built on two separate federal statutes: the Lanham Act (15 USC § ) and the Trademark Counterfeiting Act (18 USC § ). The Lanham Act addresses the establishment of trademark rights as well as civil anti-counterfeiting enforcement. In the public sector, Tony has been active in advocating responsible patent reform and he was actively involved in shaping the Trademark Anti-counterfeiting Act of , and served on the board of the International Anti-counterfeiting Coalition during seminal efforts to strengthen the protection of federal and state laws, including Customs laws, to counteract counterfeiting. The Madrid Protocol allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered. And in , a number of nations signed the Anti-Counterfeiting Trade Agreement to combat piracy and global counterfeiting. 16 Stat. That Act, like each of the others passed before the Lanham Act in , provided for a private cause of action only for infringement of registered trademarks. 2 See Trademark Counterfeiting Act of , 18 U.S.C. § 3 Act of Aug. 14, , ch. , 19 Stat. File Size: KB.

  The Trademark Counterfeiting Act of , found in Title 18 of the United States Code, Section , titled as “Trafficking in Counterfeit Goods or Services, makes it illegal for any person to intentionally traffic in good or services, and to knowingly use a counterfeit trademark in doing so. U.S. Customs may go to the U.S. Attorney’s Office and request that those involved in the illegal activity be criminally prosecuted under the Trademark Counterfeiting Act of First time violators of this Act are subject to penalties of up to ten years imprisonment and/or a $2,, fine, while repeat offenders are subject to 20 years. WELCOME, LET THE FUN BEGIN! Get e-Books "Trademark Counterfeiting Act Of " on Pdf, ePub, Tuebl, Mobi and Audiobook for are more than 1 Million Books that have been enjoyed by people from all over the world. Always update books hourly, if not looking, search in the book search column. Enjoy % FREE.

Trademark Counterfeiting Act of 1984 by United States. Congress. House. Committee on the Judiciary Download PDF EPUB FB2

Rows  Trademark Counterfeiting Act of Pub.title II, ch. XV (Sec. et seq.), Oct. 12,98 Stat. Short title, see 18 U.S.C. note. Trademark Counterfeiting Act of Trademark Counterfeiting Act of hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, first session on H.R.

Octo November 3,and February 9, Pages: Get this from a library. The Trademark Counterfeiting Act of report of the Committee on the Judiciary, United States Senate, on S. [United States. Congress. Senate. Committee on. THE TRADEMARK COUNTERFEITING ACT OF A SENSIBLE LEGISLATIVE RESPONSE TO THE ILLS OF COMMERCIAL COUNTERFEITING I.

Introduction The trademark,' which has played a pivotal role in society for centuries, has been called "one of the oldest [and most important] : Brian J.

Kearney. The Act created an offense, which provides that "(w)hoever intentionally traffics or attempts to traffic in goods and services and knowingly uses a counterfeit mark on or in connection with such goods or services" shall be guilty of a felony.

Trademark Counterfeiting Act of hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, Ninety-eighth Congress, first session on H.R. Octo November 3,and February 9, (US)- Made the sale of counterfeit goods illegal; Relating to criminal penalties for trafficking in counterfeit goods and services, 18 U.S.C.

§ (). The Act created an offense, codified at 18 U.S.C. § , which provides that "(w)hoever intentionally traffics or attempts to traffic in goods and services and knowingly uses a counterfeit mark on or in connection with such goods or services" shall be guilty of a.

(18 U.S.C. This law, known as the Trademark Counterfeiting Act ofcarries substantial monetary fines (up to $5 million) and prison time (up to 20 years imprisonment or in some cases life) for individuals and companies who violate the Act.

Trademark Counterfeiting Act of - Amends the Federal criminal code to establish penalties of up to five years' imprisonment and/or a $, fine ($1, fine for a corporation or other legal entity) for trafficking or attempting to traffic in counterfeit goods or services.

The Trademark Counterfeiting Act of a Sensible Legislative Response to the Ills of Commercial Counterfeiting Authors Brian J.

Kearney, Fordham University School of LawAuthor: Brian J. Kearney. Trademark Counterfeiting Act of - Amends the Federal criminal code to make it a Federal offense to violate the Lanham Act or the Olympic Charter Act by the intentional use of a counterfeit trademark or the unauthorized use of the Olympic symbol.

This student note explores the recently passed Trademark Counterfeit Act ofviewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks.

The author examines the history of US trademark regulation, beginning with the Lanham Act ofand then predicts the effects the Act will Author: Brian J. Kearney. This description of the Trademark Counterfeiting Act of tracks the language of the U.S.

Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning Trademark Counterfeiting Act of ) rather than to the “subchapter” or the “title” of the United States Code.

The federal Trademark Act, also called the Lanham Act, prohibits such counterfeiting. In the United States, counterfeiting laws are becoming more and more favorable for those who own trademarks. Case law is growing substantially when it comes to the amendment to the trademark counterfeiting provisions of the Lanham Act.

The Lanham Act, referred to in subsecs. (d), (f)(1)(B), (3), and (i), also known as the Trademark Act ofis act July 5,ch.

60 Stat.which is classified generally to chapter 22 (§ et seq.) of Ti Commerce and Trade. Trademark Counterfeiting Act of A federal statute that provides criminal penalties for intentional trafficking or attempted trafficking in goods or services, and knowingly using a counterfeit mark in connection with those goods or services (18 U.S.C.

§ ). As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting.3/5(2).

H.R. (98th). A bill to amend title 18 of the United States Code to strengthen the laws against counterfeiting trademarks, and for other purposes. Ina database of bills in the U.S. Congress.

The Act does not extend to imitations or "trade dress," such as the color, shape, or design of packaging, unless those features have been registered as trademarks. at H The genuine mark is registered on the principal register in the United States Patent and Trademark Office.

18 U.S.C. The Trademark Counterfeiting Act of is a United States federal law that amended the federal criminal code to make it a federal offense to violate the Lanham Act by the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark.

The most extensive amendment to the Lanham Act has been the Trademark Counterfeiting Act of H.R. established a variety of procedures to allow trademark owners to combat more effectively the growing tide of counterfeiting.

The remedies ranged from civil actions,File Size: KB. The Trademark Counterfeiting Act of allows for the ex parte seizure of certain items prior to trial. No notice must be given to the defendant prior to this action, but courts will only grant such an order in specific and urgent circumstances.

Product counterfeiting is a growing problem for consumer and industrial marketers. Inthe Lanham Act was amended by the Trademark Counterfeiting Act in an attempt to more effectively control product counterfeiting. For the first time, federal trademark legislation includes criminal, as well as civil, penalties for product by: 1.

Where Trademark Counterfeiting Prosecutions Take Place. When most people think about the legal intricacies of counterfeiting, they tend to think of it as a federal crime that can only be prosecuted by U.S. Attorneys.

Indeed, trademark counterfeiting is criminalized by important federal legislation, such as the Trademark Counterfeiting Act. In the United States, trademark counterfeiting is specifically prohibited by the Trademark Counterfeiting Act ofwhich makes it a federal offense to intentionally use a counterfeit trademark.

The Act also establishes tougher penalties in the form of fines up to $1 million, and imprisonment of up to five years for selling, or even. (E) This section does not affect the rights of an owner of a trademark or a service mark, or the enforcement in a civil action or in administrative proceedings of the rights of an owner of a trademark or a service mark, under the "Lanham Act," 60 Stat.

(), 15 U.S.C. -as amended, "The Trademark Counterfeiting Act of The Trademark Counterfeiting Act of a Sensible Legislative Response to the Ills of Commercial Counterfeiting.

By Brian J. Kearney. Abstract. This student note explores the recently passed Trademark Counterfeit Act ofviewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks.

Author: Brian J. Kearney. In counterfeiting cases, trademark owners often seek the ex parte seizure of the counterfeit goods.

The amendments to Section 34(d) of the Lanham Act expressly give the courts the power to grant this relief.

These provisions, however, only apply to cases of trademark counterfeiting as defined by the Act. ties for trademark counterfeiting invoked in the Trademark Coun-terfeiting Act of through an analysis of caselaw and current literature. This Comment suggests that such penalties are poten-tially the most powerful deterrent against trademark counterfeiting in the United States, but to date inadequate enforcement has under-Cited by: 9.

An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of criminalized the intentional trade in counterfeit goods and services.Fortunately, there are many anti-piracy and anti-counterfeiting laws on the books.

In the United States, it is illegal to sell counterfeit goods. The Trademark Counterfeiting Act ofcarries fines of up to $5 million and prison time of up to 20 years, or in some cases a life sentence for individuals or companies who violate the law.Nonetheless, in the U.S., the law against selling fake bags does not come with heavy criminal penalties.

In New York, for example, trademark counterfeiting is a class C felony, the same category as car theft. Some of the largest counterfeit raids, however, have seized tens of millions of dollars worth of goods.