Computer Crime & Intellectual Property Section

United States Department of Justice

CCIPS > Intellectual Property > Prosecuting IP Crimes Manual > I. Intellectual Property - An Introduction

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ACCESS CONTROLS
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.A.2.b.	Circumvention vs. Trafficking in Circumvention Tools
V.A.3.	Differences Between the DMCA and Traditional Copyright Law
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.c.	To a Copyrighted Work
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)
V.B.2.	Trafficking in Access Control Circumvention Tools and Services—17 U.S.C. §§ 1201(a)(2) and 1204
V.B.2.a.	Trafficking
V.B.2.b.	In a Technology, Product, Service, or Part Thereof
V.B.2.c.	Purpose or Marketing of Circumvention Technology
V.B.2.c.1.	Primarily Designed or Produced
V.B.2.c.2.	Limited Commercially Significant Purpose Other Than Circumvention
V.B.2.c.3.	Knowingly Marketed for Circumvention
V.C.2.	Librarian of Congress Regulations
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
V.C.6.	Encryption Research
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
V.C.10.b.i.	Facial Challenges
V.C.10.b.ii.	"As Applied" First Amendment Challenges to the DMCA
VIII.C.1.h.	Decryption or Circumvention of Access Controls Increases the Offense Level—U.S.S.G. § 3B1.3

ACCESSIBLE TO MEMBERS OF THE PUBLIC
II.B.	Elements
II.B.3.c.	Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution
II.B.3.c.ii.	Making the Work Available on a Computer Network Accessible to Members of the Public

ACTUAL CONFUSION
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception

ACTUAL DISSEMINATION
II.B.3.a.ii.	Distribution
II.B.3.c.i.	Distribution

ACTUAL LOSS
VIII.C.2.c.i.	Use Greater of Actual or Intended Loss
VIII.C.2.c.iii.	Methods of Calculating Loss

ADMINISTRATIVE FORFEITURE
VIII.E.2.a.	Administrative Forfeiture Proceedings
VIII.E.2.b.	Civil and Criminal Proceedings
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.3.	Choosing a Forfeiture Procedure
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
see also FORFEITURE

ADVICE OF COUNSEL DEFENSE
IV.C.4.	Advice of Counsel
IV.C.5.	Claim of Right—Public Domain and Proprietary Rights
see also IGNORANCE OF THE LAW

AFFIRMATIVE DEFENSES
II.B.	Elements
II.C.4.b.	Affirmative Defense or Part of the Government's Case-in-Chief?
III.C.4.	Lanham Act Defenses
III.C.5.	Statute of Limitations
V.C.10.d.	Fair Use

AFFIXED
III.B.4.a.	Definition of Counterfeit Mark Generally: Not Genuine or Authentic
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another
VI.B.	Elements
VI.B.1.	The Defendant Acted "Knowingly"
VI.B.2.	The Defendant Trafficked
VI.B.3.	Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work,
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.B.5.	Federal Jurisdiction
VI.E.4.	Forfeiture
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

AIDING OR ABETTING
II.C.4.d.	Special Rules for Rental, Lease, and Lending
II.E.2.	Sentencing Guidelines
III.B.3.b.i.	General Definition
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.e.	Use of the Counterfeit Mark "On or In Connection With" Goods or Services
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.E.5.	Sentencing Guidelines
III.F.	Other Charges to Consider
VI.D.1.	Electronic Copies of Labels, Documentation, or Packaging
VI.F.	Other Criminal Charges to Consider
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

APPLICABLE PATENTS
VII.C.	False Marking of Patent—35 U.S.C. § 292

ARCHIVAL EXCEPTION
II.A.6.	The Rights Protected by Copyright
II.C.4.a.	Operation of the Doctrine
II.C.6.	"Archival Exception" for Computer Software—17 U.S.C. § 117

ATTORNEYS' FEES
II.A.5.	When Copyright Protection Begins and Ends
II.B.1.d.ii.	Unpublished or Pre-Release Works
VIII.D.3.	Determining a Restitution Figure
VIII.E.3.	Choosing a Forfeiture Procedure
IX.B.2.	The Nature and Seriousness of the Offense
IX.D.	The Adequacy of Alternative Non-Criminal Remedies
X.B.3.a.	Private Civil Remedies

AUDIOVISUAL RECORDING DEVICE
II.E.2.	Sentencing Guidelines
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

AUTHORIZED-USE DEFENSE
III.C.1.	Authorized-Use Defense: Overrun Goods
III.C.2.	Authorized-Use Defense—Gray Market Goods

AUTOMOBILE AND AIRLINE PARTS
I.A.	Why Is Intellectual Property Enforcement Important?

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BERNE CONVENTION IMPLEMENTATION ACT OF 1988 (BCIA)
II.B.1.f.	Copyright Notice
V.A.1.	DMCA's Background and Purpose

BOAT HULLS
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors

BOOTLEGGING
I.A.	Why Is Intellectual Property Enforcement Important?
II.E.2.	Sentencing Guidelines
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.F.	Other Criminal Charges to Consider
VIII.C.1.	Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.a.	Proceeds
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
X.B.3.a.	Private Civil Remedies

BUSINESS ORGANIZATIONS
IV.B.4.	Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent
IX.E.	Special Considerations in Deciding Whether to Charge Corporations and Other Business Organizations

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CABLE AND SATELLITE SERVICE
II.B.4.b.	Legal Standard
II.E.2.	Sentencing Guidelines
VIII.C.1.	Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.iii.	Retail Value
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded

CAMCORDING
II.E.2.	Sentencing Guidelines
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

CASH
II.B.2.a.	Legal Standard
X.C.1.a.	Applicable Law
X.C.1.b.iii.	Cash
X.C.1.c.iii.	Acceptance of Gifts

CERTIFICATION MARKS
II.E.2.	Sentencing Guidelines
III.	Trafficking In Counterfeit Trademarks, Service Marks, and Certification Marks—18 U.S.C. § 2320
III.A.1.	Overview of the Chapter
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
III.F.	Other Charges to Consider
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.	Forfeiture
VIII.E.1.	Property Subject to Forfeiture
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property

CHILDREN
II.B.3.b.i.	Generally
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
V.C.6.	Encryption Research
VIII.C.1.c.iii.	Retail Value

CHIP UNITS
I.C.	Why Criminal Enforcement?
IX.B.1.	Federal Law Enforcement Priorities

CIRCUMVENTION
IV.C.6.	The First Amendment
V.A.1.	DMCA's Background and Purpose
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.A.2.b.	Circumvention vs. Trafficking in Circumvention Tools
V.A.3.	Differences Between the DMCA and Traditional Copyright Law
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors
V.B.	Elements of Anti-Circumvention and Anti-Trafficking Provisions
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.c.	To a Copyrighted Work
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)
V.B.2.	Trafficking in Access Control Circumvention Tools and Services—17 U.S.C. §§ 1201(a)(2) and 1204
V.B.2.a.	Trafficking
V.B.2.b.	In a Technology, Product, Service, or Part Thereof
V.B.2.c.	Purpose or Marketing of Circumvention Technology
V.B.2.c.1.	Primarily Designed or Produced
V.B.2.c.2.	Limited Commercially Significant Purpose Other Than Circumvention
V.B.2.c.3.	Knowingly Marketed for Circumvention
V.B.3.	Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204
V.B.3.a.	Circumventing
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")
V.B.5.	Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202
V.C.	Defenses
V.C.2.	Librarian of Congress Regulations
V.C.3.	Certain Nonprofit Entities
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
V.C.6.	Encryption Research
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
V.C.10.b.i.	Facial Challenges
V.C.10.b.ii.	"As Applied" First Amendment Challenges to the DMCA
V.C.10.c.	Vagueness
V.C.10.d.	Fair Use
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.iii.	Retail Value
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.C.1.h.	Decryption or Circumvention of Access Controls Increases the Offense Level—U.S.S.G. § 3B1.3
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded

COLLECTIVE MARKS
III.A.1.	Overview of the Chapter

COMMERCE CLAUSE see INTERSTATE AND FOREIGN COMMERCE

COMMERCIAL ADVANTAGE see PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN

COMMERCIAL ECONOMIC ESPIONAGE see ECONOMIC ESPIONAGE

COMMERCIAL SPEECH
V.B.2.c.3.	Knowingly Marketed for Circumvention

COMPUTER FRAUD ABUSE ACT OF 1986
V.C.6.	Encryption Research

COMPUTER HACKING AND INTELLECTUAL PROPERTY (CHIP) COORDINATORS see CHIP UNITS

COMPUTER NETWORKS
II.	Criminal Copyright Infringement—17 U.S.C. § 506 and 18 U.S.C. § 2319
II.A.7.	When Infringement is Criminal
II.B.	Elements
II.B.3.	Infringement of the Copyright
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.3.c.	Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution
II.B.3.c.i.	Distribution
II.B.3.c.ii.	Making the Work Available on a Computer Network Accessible to Members of the Public
V.C.4.	Information Security Exemption
V.C.9.	Security Testing
VIII.C.1.c.v.	Cross-Reference to Loss Table in U.S.S.G. § 2B1.1
X.C.1.b.i.	Assistance from Victims and Related Parties

CONSCIOUS AVOIDANCE
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
VI.B.1.	The Defendant Acted "Knowingly"

CONSPIRACY
II.B.3.a.ii.	Distribution
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.C.2.	Jurisdiction
II.C.3.	Venue
II.C.4.d.	Special Rules for Rental, Lease, and Lending
II.E.2.	Sentencing Guidelines
III.B.3.b.i.	General Definition
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee
III.B.4.e.	Use of the Counterfeit Mark "On or In Connection With" Goods or Services
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.B.6.	Venue
III.D.7.	Units of Prosecution
III.E.5.	Sentencing Guidelines
III.F.	Other Charges to Consider
IV.B.1.	Overview
IV.B.3.	Elements Common to 18 U.S.C. §§ 1831, 1832
IV.B.3.a.i.	Generally
IV.B.3.a.ii.	Employee's General Knowledge, Skill, or Abilities Not Covered
IV.B.3.a.vi.	Disclosure's Effects
IV.B.3.b.v.	Mere Risk of Misappropriation Not Prosecutable, But Attempts and Conspiracies Are
IV.B.6.	Attempts and Conspiracies, Including the Impossibility Defense
IV.C.6.	The First Amendment
VI.D.1.	Electronic Copies of Labels, Documentation, or Packaging
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VI.F.	Other Criminal Charges to Consider
VIII.C.1.c.ii.	Number of Infringing Items
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.C.2.a.	Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies
VIII.C.2.c.iii.	Methods of Calculating Loss
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded

CONTRABAND
III.B.3.b.iii.	Making and Obtaining Counterfeits vs. Possession with Intent to Traffic
VI.B.2.	The Defendant Trafficked
VIII.E.1.	Property Subject to Forfeiture
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

COOKIE FILES
V.C.6.	Encryption Research

COPY CONTROLS
IV.B.3.a.vi.	Disclosure's Effects
IV.C.6.	The First Amendment
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.A.2.b.	Circumvention vs. Trafficking in Circumvention Tools
V.A.3.	Differences Between the DMCA and Traditional Copyright Law
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.3.	Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204
V.B.3.a.	Circumventing
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")
V.B.4.	Alternate § 1201(b) Action—Trafficking in Certain Analog Videocassette Recorders and Camcorders
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
V.C.10.c.	Vagueness
V.C.10.d.	Fair Use
VIII.C.1.h.	Decryption or Circumvention of Access Controls Increases the Offense Level—U.S.S.G. § 3B1.3

COPYRIGHT see generally Chapter II see also
I.A.	Why Is Intellectual Property Enforcement Important?
I.B.	What Is Intellectual Property?
I.C.	Why Criminal Enforcement?
III.B.3.b.i.	General Definition
III.B.4.c.	The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register
III.F.	Other Charges to Consider
IV.B.3.a.iv.	Novelty
IV.B.3.a.vi.	Disclosure's Effects
IV.C.2.	Reverse Engineering
IV.F.	Other Possible Charges
V.	Digital Millennium Copyright Act—17 U.S.C. §§ 1201-1205
V.A.1.	DMCA's Background and Purpose
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.A.2.b.	Circumvention vs. Trafficking in Circumvention Tools
V.A.3.	Differences Between the DMCA and Traditional Copyright Law
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.c.	To a Copyrighted Work
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)
V.B.2.	Trafficking in Access Control Circumvention Tools and Services—17 U.S.C. §§ 1201(a)(2) and 1204
V.B.2.c.1.	Primarily Designed or Produced
V.B.3.	Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204
V.B.3.a.	Circumventing
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")
V.B.4.	Alternate § 1201(b) Action—Trafficking in Certain Analog Videocassette Recorders and Camcorders
V.B.5.	Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202
V.C.4.	Information Security Exemption
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
V.C.6.	Encryption Research
V.C.9.	Security Testing
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
V.C.10.b.ii.	"As Applied" First Amendment Challenges to the DMCA
V.C.10.c.	Vagueness
V.C.10.d.	Fair Use
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.	Elements
VI.B.1.	The Defendant Acted "Knowingly"
VI.B.3.	Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work,
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.B.5.	Federal Jurisdiction
VI.D.2.	Advantages of Charging a § 2318 Offense
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VI.E.5.b.	Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items
VI.F.	Other Criminal Charges to Consider
VII.A.	Overview of Patent
VIII.C.1.	Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.ii.	Number of Infringing Items
VIII.C.1.c.iii.	Retail Value
VIII.C.1.c.v.	Cross-Reference to Loss Table in U.S.S.G. § 2B1.1
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.C.1.f.	Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2—U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)]
VIII.C.1.i.	Upward Adjustment for Harm to Copyright- or Mark-Owner's Reputation, Connection with Organized Crime, or Other Unspecified Grounds
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
VIII.D.3.	Determining a Restitution Figure
VIII.E.1.	Property Subject to Forfeiture
VIII.E.2.a.	Administrative Forfeiture Proceedings
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.	Civil Forfeiture in IP Matters
VIII.E.4.a.	Proceeds
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.4.c.ii.	Victims' Ability to Forfeit Property
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
IX.C.	Whether the Person is Subject to Prosecution in Another Jurisdiction
IX.D.	The Adequacy of Alternative Non-Criminal Remedies
X.	Victims of Intellectual Property Crimes—Ethics and Obligations
X.B.3.a.	Private Civil Remedies
X.C.1.b.i.	Assistance from Victims and Related Parties
X.C.1.b.iv.	Storage Costs in Counterfeit or Infringing Products Cases

COPYRIGHT ACT OF 1976
II.A.4.	Federal Preemption
II.C.1.	Statute of Limitations: 5 years

COPYRIGHT MANAGEMENT INFORMATION
II.E.2.	Sentencing Guidelines
V.A.1.	DMCA's Background and Purpose
V.B.5.	Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202

COPYRIGHT NOTICE
II.B.1.b.	Copyrights vs. Registrations vs. Certificates
II.B.1.f.	Copyright Notice
II.B.2.b.	Proof at Trial
V.B.5.	Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202

COPYRIGHT PROTECTION SYSTEMS
V.A.1.	DMCA's Background and Purpose
V.A.2.a.	Access Controls vs. Copy/Use Controls

COPYRIGHT TREATY
V.A.1.	DMCA's Background and Purpose

COPYRIGHTABILITY
II.B.1.a.	Copyrightability
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution

COST OF REPAIRS
VIII.C.2.c.iii.	Methods of Calculating Loss

COUNTERFEIT DOCUMENTATION AND PACKAGING
II.E.2.	Sentencing Guidelines
VI.	Counterfeit and Illicit Labels, and Counterfeit Documentation and Packaging -- 18 U.S.C. § 2318
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.3.	Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work,
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

COUNTERFEIT GOODS OR SERVICES
I.A.	Why Is Intellectual Property Enforcement Important?
II.B.4.b.	Legal Standard
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
III.B.3.b.i.	General Definition
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
III.B.6.	Venue
III.C.1.	Authorized-Use Defense: Overrun Goods
III.D.1.	High-Quality and Low-Quality Counterfeits
III.D.2.	Counterfeit Goods with Genuine Trademarks
III.D.7.	Units of Prosecution
VI.B.2.	The Defendant Trafficked
VI.E.5.b.	Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.1.	Property Subject to Forfeiture
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
IX.B.2.	The Nature and Seriousness of the Offense

COUNTERFEIT LABELS see generally Chapter VI see also
II.E.2.	Sentencing Guidelines
III.B.1.	The Trademark Counterfeiting Crime in General
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
III.C.1.	Authorized-Use Defense: Overrun Goods
III.D.7.	Units of Prosecution
III.E.5.	Sentencing Guidelines
III.F.	Other Charges to Consider
VIII.C.1.	Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.iii.	Retail Value
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.E.4.a.	Proceeds
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
X.B.3.a.	Private Civil Remedies

COUNTERFEIT MARKS see generally Chapter III see also
I.B.	What Is Intellectual Property?
II.B.3.b.ii.	Definition of "Retail Value" in this Context
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.2.	The Defendant Trafficked
VIII.C.1.c.ii.	Number of Infringing Items
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.3.	Determining a Restitution Figure
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.	Civil Forfeiture in IP Matters
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.a.	Proceeds
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
X.B.3.a.	Private Civil Remedies

COUNTERFEIT PHARMACEUTICALS
VIII.C.1.j.	Vulnerable Victims—U.S.S.G. § 3A1.1(b)

COUNTERFEIT TRADEMARKS see generally Chapter III see also
II.E.2.	Sentencing Guidelines
III.	Trafficking In Counterfeit Trademarks, Service Marks, and Certification Marks—18 U.S.C. § 2320
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.6.	Venue
III.C.1.	Authorized-Use Defense: Overrun Goods
III.C.3.	Repackaging Genuine Goods
III.C.5.	Statute of Limitations
III.D.7.	Units of Prosecution
III.E.5.	Sentencing Guidelines
III.F.	Other Charges to Consider
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.E.5.b.	Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
VIII.E.	Forfeiture
VIII.E.1.	Property Subject to Forfeiture
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.4.c.ii.	Victims' Ability to Forfeit Property

CRIMINAL FORFEITURE see FORFEITURE

CRIMINAL SUBPOENAS
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors

CUSTOMER LISTS
IV.A.	Introduction
IV.B.3.a.i.	Generally
IV.B.3.a.viii.	Independent Economic Value

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DE MINIMIS NON CURAT LEX
IX.B.2.	The Nature and Seriousness of the Offense

DECALS
VI.D.1.	Electronic Copies of Labels, Documentation, or Packaging

DECRYPTION
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
V.C.10.b.ii.	"As Applied" First Amendment Challenges to the DMCA
VIII.C.1.h.	Decryption or Circumvention of Access Controls Increases the Offense Level—U.S.S.G. § 3B1.3
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
see also ENCRYPTION

DEEP LINKS
V.B.2.a.	Trafficking

DELIBERATE IGNORANCE
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
VI.B.1.	The Defendant Acted "Knowingly"

DEPOSITIONS
IV.B.3.a.iii.	Specification of Trade Secrets
IV.D.2.	Confidentiality and the Use of Protective Orders
VIII.E.3.	Choosing a Forfeiture Procedure

DERIVATIVE WORKS
I.B.	What Is Intellectual Property?
II.A.6.	The Rights Protected by Copyright
II.B.1.d.iii.	Registration of Particular Versions of a Work
II.B.3.	Infringement of the Copyright
II.C.5.	Fair Use
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA

DIGITAL AUDIO TRANSMISSION
II.A.6.	The Rights Protected by Copyright
II.B.5.	Misdemeanor Copyright Infringement

DIGITAL IMAGE FILES
VI.D.1.	Electronic Copies of Labels, Documentation, or Packaging

DIGITAL LOCKS
V.A.1.	DMCA's Background and Purpose
V.A.2.a.	Access Controls vs. Copy/Use Controls

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) see generally Chapter V see also
II.B.3.a.ii.	Distribution
II.E.2.	Sentencing Guidelines
VIII.C.1.	Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.ii.	Number of Infringing Items
VIII.C.1.c.iii.	Retail Value
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.	Civil Forfeiture in IP Matters
VIII.E.5.	Criminal Forfeiture in IP Matters
X.B.3.a.	Private Civil Remedies

DISCLOSING GOVERNMENT TRADE SECRETS
IV.F.	Other Possible Charges

DISCLOSURES TO THE GOVERNMENT
IV.B.3.a.vi.	Disclosure's Effects

DISTANCE LEARNING
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors

DMCA see DIGITAL MILLENNIUM COPYRIGHT ACT

DONATED RESOURCES
X.C.	Offers of Assistance From Victims and Related Parties
X.C.3.	Strategic and Case-Related Issues

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E-BOOKS
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)

ECONOMIC ESPIONAGE
II.E.2.	Sentencing Guidelines
IV.A.	Introduction
IV.B.	The Economic Espionage Act of 1996, 18 U.S.C. §§ 1831-1839
IV.B.1.	Overview
IV.B.3.a.vi.	Disclosure's Effects
IV.B.3.b.ii.	Memorization Included
IV.B.5.a.	Economic Benefit to a Third Party
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
IV.B.6.	Attempts and Conspiracies, Including the Impossibility Defense
IV.E.1.a.	Imprisonment and Fines
VIII.C.	Sentencing Guidelines
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.2.	Offenses Involving the Economic Espionage Act
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.	Civil Forfeiture in IP Matters
VIII.E.5.a.	Proceeds
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

ECONOMIC ESPIONAGE SPONSORED BY A FOREIGN GOVERNMENT
IV.E.1.a.	Imprisonment and Fines

ELECTRONIC TRANSMISSION OF A GENUINE CERTIFICATE
VI.D.1.	Electronic Copies of Labels, Documentation, or Packaging

EMOTIONAL HARM
VIII.C.2.f.	Upward Departure Considerations—U.S.S.G. § 2B1.1 cmt. n.19(A)

EMULATORS
V.C.5.	Reverse Engineering and Interoperability of Computer Programs

ENCRYPTION
IV.A.	Introduction
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.2.c.1.	Primarily Designed or Produced
V.B.3.a.	Circumventing
V.C.6.	Encryption Research
V.C.10.b.ii.	"As Applied" First Amendment Challenges to the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
see also DECRYPTION

EPHEMERAL REPRODUCTIONS
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors

ETHICAL CONCERNS
X.	Victims of Intellectual Property Crimes—Ethics and Obligations
X.B.2.	Ethical Concerns When the Criminal Prosecution Results in an Advantage in a Civil Matter
X.B.2.a.	Victims Who Seek Advantage By Threats of Criminal Prosecution
X.B.2.b.	Global Settlement Negotiations
X.C.1.a.	Applicable Law
X.C.1.b.iii.	Cash
X.C.1.b.iv.	Storage Costs in Counterfeit or Infringing Products Cases
X.C.1.c.i.	Consultative Process for Acceptance of Assistance and Gifts
X.C.1.c.iii.	Acceptance of Gifts
X.C.3.	Strategic and Case-Related Issues
X.C.4.	Help and Advice

EXPERT WITNESSES
IV.B.3.a.iii.	Specification of Trade Secrets
IV.D.2.	Confidentiality and the Use of Protective Orders
X.C.	Offers of Assistance From Victims and Related Parties
X.C.1.b.vi.	Assistance from Private Third Parties

EXTRADITION
IX.B.5.	The Individual's Willingness to Cooperate in the Investigation or Prosecution of Others

EXTRATERRITORIALITY
II.C.2.	Jurisdiction
IV.B.1.	Overview
IV.D.3.	Extraterritoriality

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FAIR MARKET VALUE
VIII.C.2.c.iii.	Methods of Calculating Loss

FAIR USE
II.A.2.	Legal Basis for Copyright and Related Laws
II.A.6.	The Rights Protected by Copyright
II.B.2.a.	Legal Standard
II.B.3.	Infringement of the Copyright
II.B.3.a.i.	Reproduction
II.B.4.a.	History
II.C.5.	Fair Use
II.C.5.a.	Unpublished Works
II.C.5.b.	Fair Use in Criminal Cases
II.E.2.	Sentencing Guidelines
V.A.3.	Differences Between the DMCA and Traditional Copyright Law
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
V.C.10.c.	Vagueness
V.C.10.d.	Fair Use

FALSE MARKING
VII.A.	Overview of Patent
VII.C.	False Marking of Patent—35 U.S.C. § 292

FAMILY ENTERTAINMENT AND COPYRIGHT ACT OF 2005
II.B.	Elements
II.B.1.c.	New Procedure for "Preregistration"
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute
II.B.1.d.ii.	Unpublished or Pre-Release Works
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.3.c.	Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.E.2.	Sentencing Guidelines

FEDERAL PREEMPTION see PREEMPTION

FEDERAL REGISTRATION see REGISTRATION

FINANCIAL GAIN
II.A.7.	When Infringement is Criminal
II.B.	Elements
II.B.3.	Infringement of the Copyright
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.4.	Additional Element for Enhanced Sentence: Purpose of Commercial Advantage or Private Financial Gain
II.B.4.a.	History
II.B.4.b.	Legal Standard
II.B.5.	Misdemeanor Copyright Infringement
II.C.5.b.	Fair Use in Criminal Cases
II.E.1.	Statutory Penalties
II.E.2.	Sentencing Guidelines
III.B.3.b.i.	General Definition
III.B.3.b.iii.	Making and Obtaining Counterfeits vs. Possession with Intent to Traffic
IV.F.	Other Possible Charges
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.2.	Trafficking in Access Control Circumvention Tools and Services—17 U.S.C. §§ 1201(a)(2) and 1204
V.B.3.	Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204
V.C.10.b.i.	Facial Challenges
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.f.	Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2—U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)]

FIRST AMENDMENT
II.C.5.	Fair Use
IV.C.6.	The First Amendment
V.B.2.c.3.	Knowingly Marketed for Circumvention
V.C.10.b.	The First Amendment
V.C.10.b.i.	Facial Challenges
V.C.10.b.ii.	"As Applied" First Amendment Challenges to the DMCA
V.C.10.d.	Fair Use

FIRST SALE DOCTRINE
II.A.2.	Legal Basis for Copyright and Related Laws
II.B.	Elements
II.B.3.	Infringement of the Copyright
II.B.3.a.ii.	Distribution
II.C.4.	The First Sale Doctrine—17 U.S.C. § 109
II.C.4.a.	Operation of the Doctrine
II.C.4.b.	Affirmative Defense or Part of the Government's Case-in-Chief?
II.C.4.c.	Disproving First Sale at Trial
II.C.4.d.	Special Rules for Rental, Lease, and Lending
II.C.6.	"Archival Exception" for Computer Software—17 U.S.C. § 117

FIXED IN ANY TANGIBLE MEDIUM OF EXPRESSION see TANGIBLE MEDIUM

FONT EMBEDDING BITS
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")

FOREIGN AGENTS
IV.B.1.	Overview
IV.B.4.	Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent
VIII.C.2.d.	Intent to Benefit a Foreign Government, Instrumentality, or Agent -- U.S.S.G. § 2B1.1(b)(5)

FOREIGN COMMERCE see INTERSTATE AND FOREIGN COMMERCE

FOREIGN ECONOMIC ESPIONAGE see ECONOMIC ESPIONAGE

FOREIGN GOVERNMENTS
I.B.	What Is Intellectual Property?
IV.B.1.	Overview
IV.B.4.	Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent
IV.E.1.a.	Imprisonment and Fines
VIII.C.2.d.	Intent to Benefit a Foreign Government, Instrumentality, or Agent -- U.S.S.G. § 2B1.1(b)(5)
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions

FOREIGN INSTRUMENTALITY
IV.B.1.	Overview
IV.B.4.	Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent
VIII.C.2.d.	Intent to Benefit a Foreign Government, Instrumentality, or Agent -- U.S.S.G. § 2B1.1(b)(5)

FOREIGN LAW ENFORCEMENT AGENCIES
IX.B.5.	The Individual's Willingness to Cooperate in the Investigation or Prosecution of Others

FOREIGN VICTIMS
III.F.	Other Charges to Consider

FOREIGN WORKS
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute

FORFEITURE
II.E.2.	Sentencing Guidelines
III.D.6.	Storage Costs and Destruction
III.E.4.	Forfeiture
IV.E.1.b.	Criminal Forfeiture
VI.E.	Penalties
VI.E.4.	Forfeiture
VIII.	Penalties, Restitution, and Forfeiture
VIII.A.	Introduction
VIII.E.	Forfeiture
VIII.E.1.	Property Subject to Forfeiture
VIII.E.2.	Overview of Forfeiture Procedures
VIII.E.2.a.	Administrative Forfeiture Proceedings
VIII.E.2.b.	Civil and Criminal Proceedings
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.3.	Choosing a Forfeiture Procedure
VIII.E.4.	Civil Forfeiture in IP Matters
VIII.E.4.a.	Proceeds
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.4.c.i.	Generally
VIII.E.4.c.ii.	Victims' Ability to Forfeit Property
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.a.	Proceeds
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
IX.D.	The Adequacy of Alternative Non-Criminal Remedies
X.B.3.c.	Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution
see also ADMINISTRATIVE FORFEITURE

FORFEITURE AND DESTRUCTION
II.E.2.	Sentencing Guidelines
VI.E.4.	Forfeiture
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

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GENERIC LABELS
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit

GIFTS
II.B.3.a.ii.	Distribution
III.C.3.	Repackaging Genuine Goods
X.C.	Offers of Assistance From Victims and Related Parties
X.C.1.	Gift Issues
X.C.1.a.	Applicable Law
X.C.1.b.	Distinction Between "Assistance" and "Gifts"
X.C.1.b.i.	Assistance from Victims and Related Parties
X.C.1.b.ii.	Private Investigators
X.C.1.b.iii.	Cash
X.C.1.b.iv.	Storage Costs in Counterfeit or Infringing Products Cases
X.C.1.b.v.	Resources Donated for Ongoing Use by Law Enforcement
X.C.1.b.vi.	Assistance from Private Third Parties
X.C.1.c.	Departmental Procedures for the Solicitation and Acceptance of Gifts and Assistance
X.C.1.c.i.	Consultative Process for Acceptance of Assistance and Gifts
X.C.1.c.ii.	Solicitation of Gifts
X.C.1.c.iii.	Acceptance of Gifts
X.C.2.	Professional Responsibility Issues
X.C.3.	Strategic and Case-Related Issues
X.C.4.	Help and Advice

GLOBAL SETTLEMENTS see PARALLEL PROCEEDINGS

GOOD AND BAD FAITH
II.B.2.a.	Legal Standard
II.B.2.b.	Proof at Trial
II.C.5.b.	Fair Use in Criminal Cases
II.C.6.	"Archival Exception" for Computer Software—17 U.S.C. § 117
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
III.C.4.	Lanham Act Defenses
IV.C.4.	Advice of Counsel
IV.C.5.	Claim of Right—Public Domain and Proprietary Rights
V.C.6.	Encryption Research
V.C.9.	Security Testing
VII.C.	False Marking of Patent—35 U.S.C. § 292

GOODS AND SERVICES
II.E.2.	Sentencing Guidelines
III.A.1.	Overview of the Chapter
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
III.B.1.	The Trademark Counterfeiting Crime in General
III.B.3.b.i.	General Definition
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.e.	Use of the Counterfeit Mark "On or In Connection With" Goods or Services
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.C.1.	Authorized-Use Defense: Overrun Goods
III.D.5.	Mark-Holder's Failure to Use—Symbol
III.D.7.	Units of Prosecution
VI.B.2.	The Defendant Trafficked
VIII.C.1.a.	Applicable Guideline is § 2B5.3
IX.B.2.	The Nature and Seriousness of the Offense

GOVERNMENT TRADE SECRETS
IV.F.	Other Possible Charges

GRAY MARKET GOODS
III.C.2.	Authorized-Use Defense—Gray Market Goods

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HOME PAGES
V.B.2.a.	Trafficking

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IGNORANCE OF THE LAW
II.B.2.a.	Legal Standard
IV.B.3.c.	Knowledge

ILLICIT LABELS see generally Chapter VI see also
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.C.4.a.	Operation of the Doctrine
II.E.2.	Sentencing Guidelines
III.F.	Other Charges to Consider
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.ii.	Number of Infringing Items
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.	Civil Forfeiture in IP Matters
VIII.E.4.c.ii.	Victims' Ability to Forfeit Property
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
X.B.3.a.	Private Civil Remedies

IN PERSONAM
VIII.E.2.b.	Civil and Criminal Proceedings
VIII.E.5.	Criminal Forfeiture in IP Matters

IN REM
VIII.E.2.b.	Civil and Criminal Proceedings
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.5.	Criminal Forfeiture in IP Matters

IN USE
III.B.1.	The Trademark Counterfeiting Crime in General
III.B.4.a.	Definition of Counterfeit Mark Generally: Not Genuine or Authentic
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee

INAUTHENTIC LABELS AND MARKS
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]

INDEPENDENT ECONOMIC VALUE
I.B.	What Is Intellectual Property?
IV.B.3.a.i.	Generally
IV.B.3.a.viii.	Independent Economic Value

INFORMATION SECURITY
V.C.4.	Information Security Exemption

INJUNCTIONS
III.C.4.	Lanham Act Defenses
IV.B.1.	Overview
IV.C.6.	The First Amendment
IV.D.1.	Civil Injunctive Relief for the United States
IX.B.2.	The Nature and Seriousness of the Offense
IX.D.	The Adequacy of Alternative Non-Criminal Remedies
X.B.3.a.	Private Civil Remedies

INNOCENT OWNER DEFENSE
VIII.E.4.c.	Innocent Owner Defense
VIII.E.4.c.i.	Generally

INTELLECTUAL CAPITAL
I.A.	Why Is Intellectual Property Enforcement Important?

INTELLECTUAL PROPERTY CLAUSE
V.C.10.	Constitutionality of the DMCA
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions

INTELLECTUAL PROPERTY PROTECTION AND COURTS AMENDMENT ACT OF 2004
VI.B.3.	Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work,

INTENT TO DECEIVE
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception
III.C.3.	Repackaging Genuine Goods
VII.C.	False Marking of Patent—35 U.S.C. § 292
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded

INTERLOCUTORY APPEAL
IV.D.2.	Confidentiality and the Use of Protective Orders

INTERNAL INVESTIGATIONS
VIII.D.3.	Determining a Restitution Figure
X.C.1.b.i.	Assistance from Victims and Related Parties

INTERNATIONAL TRANSPORTATION OF STOLEN PROPERTY ACT (ITSP)
II.E.2.	Sentencing Guidelines
IV.F.	Other Possible Charges

INTERNET PIRACY
I.A.	Why Is Intellectual Property Enforcement Important?
II.B.3.c.	Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution
II.B.4.a.	History
II.D.	Special Issues

INTEROPERABILITY
V.C.5.	Reverse Engineering and Interoperability of Computer Programs

INTERSTATE AND FOREIGN COMMERCE
II.A.2.	Legal Basis for Copyright and Related Laws
II.E.2.	Sentencing Guidelines
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception
IV.B.1.	Overview
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
IV.C.6.	The First Amendment
IV.F.	Other Possible Charges
V.C.10.	Constitutionality of the DMCA
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
VI.B.	Elements
VI.B.5.	Federal Jurisdiction
VI.B.6.	Venue
VI.F.	Other Criminal Charges to Consider
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.	Forfeiture
X.C.1.b.iv.	Storage Costs in Counterfeit or Infringing Products Cases

INTERSTATE TRANSPORTATION AND RECEIPT OF STOLEN PROPERTY OR GOODS
II.E.2.	Sentencing Guidelines
IV.A.	Introduction
IV.F.	Other Possible Charges
VII.D.	No Prosecution for Interstate Transportation or Receipt of Stolen Property—18 U.S.C. §§ 2314, 2315
VIII.C.2.c.iii.	Methods of Calculating Loss

ITSP see INTERNATIONAL TRANSPORTATION OF STOLEN PROPERTY ACT

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JUDICIAL NOTICE
II.B.1.e.	Proof of Copyright at Trial
III.B.4.c.	The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register

JUSTICE FOR ALL ACT OF 2004
X.A.	Victims' Rights

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KNOWINGLY
II.B.2.a.	Legal Standard
II.E.2.	Sentencing Guidelines
III.B.1.	The Trademark Counterfeiting Crime in General
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.	The Defendant Used a "Counterfeit Mark" On or In Connection With Those Goods or Services [after March 16, 2006: or a Counterfeit Mark Was Applied to Labels, Documentation, or Packaging for Those Goods or Services]
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
III.D.7.	Units of Prosecution
IV.B.1.	Overview
IV.B.3.c.	Knowledge
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
IV.C.6.	The First Amendment
IV.F.	Other Possible Charges
V.B.2.c.	Purpose or Marketing of Circumvention Technology
V.B.2.c.3.	Knowingly Marketed for Circumvention
V.B.5.	Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.	Elements
VI.B.1.	The Defendant Acted "Knowingly"
VI.B.2.	The Defendant Trafficked
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.B.5.	Federal Jurisdiction
VII.B.	Forgery of Letters Patent—18 U.S.C. § 497

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LANHAM ACT
I.B.	What Is Intellectual Property?
III.B.2.	Relevance of Civil Trademark Law in Criminal Cases
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception
III.C.3.	Repackaging Genuine Goods
III.C.4.	Lanham Act Defenses
III.C.5.	Statute of Limitations
III.D.4.	Selling Another's Trademarked Goods As One's Own (Reverse Passing-Off)
III.E.2.	Imprisonment
III.E.3.	Restitution

LEGISLATIVE HISTORY
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute
II.B.3.a.ii.	Distribution
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.B.4.b.	Legal Standard
II.C.5.a.	Unpublished Works
II.E.2.	Sentencing Guidelines
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
III.B.2.	Relevance of Civil Trademark Law in Criminal Cases
III.B.3.a.	Intentionally
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
III.C.1.	Authorized-Use Defense: Overrun Goods
III.C.3.	Repackaging Genuine Goods
III.C.4.	Lanham Act Defenses
IV.B.3.c.	Knowledge
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
IV.B.6.	Attempts and Conspiracies, Including the Impossibility Defense
IV.C.1.	Parallel Development
IV.C.2.	Reverse Engineering
IV.E.1.b.	Criminal Forfeiture
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit

LETTERS PATENT
VII.A.	Overview of Patent
VII.B.	Forgery of Letters Patent—18 U.S.C. § 497

LIBRARIAN OF CONGRESS
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)
V.C.2.	Librarian of Congress Regulations

LIBRARIES AND ARCHIVES
II.B.3.a.i.	Reproduction
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors
V.C.3.	Certain Nonprofit Entities

LIKELIHOOD OF CONFUSION
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception

LIMITED FEDERAL RESOURCES
IX.B.2.	The Nature and Seriousness of the Offense

LIMITED TIMES
II.A.1.	What Copyright Law Protects
II.A.2.	Legal Basis for Copyright and Related Laws
II.C.4.c.	Disproving First Sale at Trial
II.E.2.	Sentencing Guidelines
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
VII.A.	Overview of Patent

LINUX
V.B.2.c.1.	Primarily Designed or Produced
V.C.5.	Reverse Engineering and Interoperability of Computer Programs

LIVE MUSICAL PERFORMANCES
II.E.2.	Sentencing Guidelines
III.F.	Other Charges to Consider
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.F.	Other Criminal Charges to Consider
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.E.1.	Property Subject to Forfeiture
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.	Civil Forfeiture in IP Matters
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
X.B.3.a.	Private Civil Remedies

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MAIL AND WIRE FRAUD
II.E.2.	Sentencing Guidelines
III.B.4.c.	The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register
III.F.	Other Charges to Consider
IV.F.	Other Possible Charges
VI.F.	Other Criminal Charges to Consider
VIII.C.1.k.	No Downward Departure for the Victim's Participation in Prosecution
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded

MAKING AVAILABLE
II.B.	Elements
II.B.3.a.ii.	Distribution
II.B.3.c.i.	Distribution

MANDAMUS
IV.D.2.	Confidentiality and the Use of Protective Orders
X.A.	Victims' Rights

MANDATORY RESTITUTION
III.E.3.	Restitution
IV.E.1.b.	Criminal Forfeiture
VI.E.3.	Restitution
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
VIII.D.3.	Determining a Restitution Figure
see also RESTITUTION

MANDATORY VICTIMS RESTITUTION ACT OF 1996 (MVRA)
IV.E.1.b.	Criminal Forfeiture
VI.E.3.	Restitution
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VI.E.3.	Restitution
see also RESTITUTION

MARKET STRATEGIES
I.B.	What Is Intellectual Property?

MINIMAL NOVELTY
IV.B.3.a.iv.	Novelty

MISAPPROPRIATION
IV.B.1.	Overview
IV.B.3.a.ii.	Employee's General Knowledge, Skill, or Abilities Not Covered
IV.B.3.a.iii.	Specification of Trade Secrets
IV.B.3.a.vi.	Disclosure's Effects
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
IV.B.3.b.	Misappropriation
IV.B.3.b.i.	Types of Misappropriation
IV.B.3.b.ii.	Memorization Included
IV.B.3.b.iii.	Lack of Authorization
IV.B.3.b.iv.	Misappropriation of Only Part of a Trade Secret
IV.B.3.b.v.	Mere Risk of Misappropriation Not Prosecutable, But Attempts and Conspiracies Are
IV.B.3.c.	Knowledge
IV.B.4.	Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent
IV.B.5.a.	Economic Benefit to a Third Party
IV.B.5.b.	Intent to Injure the Owner of the Trade Secret
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
IV.B.6.	Attempts and Conspiracies, Including the Impossibility Defense
IV.C.1.	Parallel Development
IV.C.2.	Reverse Engineering
IV.C.4.	Advice of Counsel
IV.C.5.	Claim of Right—Public Domain and Proprietary Rights
IV.C.6.	The First Amendment
IV.E.1.b.	Criminal Forfeiture
IV.F.	Other Possible Charges
VIII.C.2.a.	Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies
VIII.C.2.c.	Loss—U.S.S.G. § 2B1.1(b)(1)
VIII.C.2.c.iii.	Methods of Calculating Loss
VIII.C.2.i.	Use of Special Skill—U.S.S.G. § 3B1.3
VIII.D.	Restitution
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
IX.C.	Whether the Person is Subject to Prosecution in Another Jurisdiction

MISAPPROPRIATION OF A TRADE SECRET
IV.B.1.	Overview

MISBRANDED FOOD, DRUGS, AND COSMETICS
III.C.3.	Repackaging Genuine Goods
III.F.	Other Charges to Consider
VIII.C.1.j.	Vulnerable Victims—U.S.S.G. § 3A1.1(b)
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions

MISLABELED WOOL, FUR, AND TEXTILE FIBER PRODUCTS
III.F.	Other Charges to Consider

MISMARKING
VII.C.	False Marking of Patent—35 U.S.C. § 292

MISREPRESENTATION
II.E.2.	Sentencing Guidelines
III.A.1.	Overview of the Chapter
III.C.4.	Lanham Act Defenses
III.D.2.	Counterfeit Goods with Genuine Trademarks
VII.C.	False Marking of Patent—35 U.S.C. § 292
VIII.D.3.	Determining a Restitution Figure

MONEY LAUNDERING
II.E.2.	Sentencing Guidelines
III.F.	Other Charges to Consider
VIII.C.1.k.	No Downward Departure for the Victim's Participation in Prosecution
VIII.E.	Forfeiture
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.4.a.	Proceeds
VIII.E.4.c.i.	Generally
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.a.	Proceeds

MOST ANALOGOUS GUIDELINE
VIII.C.1.a.	Applicable Guideline is § 2B5.3

MOTION FOR A NEW TRIAL
X.A.	Victims' Rights

MOVIES AND MOTION PICTURES
I.B.	What Is Intellectual Property?
II.B.1.c.	New Procedure for "Preregistration"
II.B.1.d.ii.	Unpublished or Pre-Release Works
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.3.a.i.	Reproduction
II.B.3.a.ii.	Distribution
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.C.4.a.	Operation of the Doctrine
II.C.4.c.	Disproving First Sale at Trial
II.E.2.	Sentencing Guidelines
III.F.	Other Charges to Consider
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.2.c.1.	Primarily Designed or Produced
V.C.5.	Reverse Engineering and Interoperability of Computer Programs
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.	Elements
VI.B.3.	Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work,
VI.B.5.	Federal Jurisdiction
VI.F.	Other Criminal Charges to Consider
VIII.C.1.	Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.iii.	Retail Value
VIII.C.1.c.v.	Cross-Reference to Loss Table in U.S.S.G. § 2B1.1
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.5.	Criminal Forfeiture in IP Matters§ VIII.E.2.c.^Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

MULTIPLE CRIME VICTIMS
X.A.	Victims' Rights

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NATIONAL TRANSPORTATION OF STOLEN PROPERTY ACT
IV.F.	Other Possible Charges

NO ELECTRONIC THEFT ACT (NET) ACT
II.B.	Elements
II.B.2.a.	Legal Standard
II.B.4.a.	History
II.B.4.b.	Legal Standard
II.B.4.b.	Legal Standard
II.C.1.	Statute of Limitations: 5 years

NONPROFIT USE
II.C.4.d.	Special Rules for Rental, Lease, and Lending
II.C.5.	Fair Use
II.C.5.b.	Fair Use in Criminal Cases
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.C.3.	Certain Nonprofit Entities

NUMBER OF INFRINGING ITEMS
VI.E.5.	Sentencing Guidelines
VI.E.5.b.	Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items
VIII.C.1.c.ii.	Number of Infringing Items
VIII.C.1.c.iv.	Determining Amounts and Values—Reasonable Estimates Allowed

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OLYMPIC CHARTER ACT
III.B.4.a.	Definition of Counterfeit Mark Generally: Not Genuine or Authentic
III.D.8.	Olympic Symbols

OLYMPIC SYMBOLS
III.B.4.c.	The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception
III.D.8.	Olympic Symbols

ONLINE INFRINGEMENT OF PRE-RELEASE WORKS
II.B.3.c.	Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution

ORIGINAL WORK FIXED IN A TANGIBLE MEDIUM see TANGIBLE MEDIUM

ORIGINAL WORK OF AUTHORSHIP
II.B.1.b.	Copyrights vs. Registrations vs. Certificates
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
VII.A.	Overview of Patent

OUTSOURCING
X.C.1.b.ii.	Private Investigators

OVERBREADTH
V.C.10.b.	The First Amendment
V.C.10.b.i.	Facial Challenges

OVERRUN GOODS
III.C.1.	Authorized-Use Defense: Overrun Goods
III.C.2.	Authorized-Use Defense—Gray Market Goods

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PACKING SLIPS
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit

PARALLEL IMPORTS
III.C.2.	Authorized-Use Defense—Gray Market Goods

PARALLEL PROCEEDINGS
VIII.E.3.	Choosing a Forfeiture Procedure
VIII.E.4.c.ii.	Victims' Ability to Forfeit Property
X.B.2.b.	Global Settlement Negotiations
X.B.3.	Parallel Civil Suits
X.B.3.b.	Advantages and Disadvantages of Parallel Civil and Criminal Proceedings
X.B.3.c.	Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution
X.C.1.b.ii.	Private Investigators
X.C.3.	Strategic and Case-Related Issues

PAROLE PROCEEDINGS
X.A.	Victims' Rights

PASSWORDS
II.B.3.c.ii.	Making the Work Available on a Computer Network Accessible to Members of the Public
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply

PATENT see generally Chapter VII see also
I.A.	Why Is Intellectual Property Enforcement Important?
I.B.	What Is Intellectual Property?
II.A.1.	What Copyright Law Protects
II.B.1.a.i.	Original Work Fixed in a Tangible Medium
II.B.1.a.iii.	Expression of an Idea vs. Idea Itself
IV.B.3.a.iv.	Novelty
IV.B.3.a.vi.	Disclosure's Effects
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
IV.C.1.	Parallel Development
IV.C.2.	Reverse Engineering

PATENT APPLICATIONS
IV.B.3.a.vi.	Disclosure's Effects
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
VII.A.	Overview of Patent
VII.C.	False Marking of Patent—35 U.S.C. § 292

PATENT APPLIED FOR
VII.C.	False Marking of Patent—35 U.S.C. § 292

PATENT PENDING
VII.C.	False Marking of Patent—35 U.S.C. § 292

PEER-TO-PEER FILE-TRADING
II.B.3.a.ii.	Distribution
II.B.3.c.	Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution
II.B.3.c.ii.	Making the Work Available on a Computer Network Accessible to Members of the Public
II.B.4.b.	Legal Standard
II.C.5.b.	Fair Use in Criminal Cases
VIII.D.3.	Determining a Restitution Figure

PERFORMANCES AND PHONOGRAMS TREATY
V.A.1.	DMCA's Background and Purpose

PHONORECORDS
II.B.	Elements
II.B.3.	Infringement of the Copyright
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.3.a.i.	Reproduction
II.B.3.a.ii.	Distribution
II.B.3.b.i.	Generally
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.C.4.a.	Operation of the Doctrine
II.C.4.d.	Special Rules for Rental, Lease, and Lending
II.E.2.	Sentencing Guidelines
V.B.5.	Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202
V.C.6.	Encryption Research
VI.B.	Elements
VI.B.3.	Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work,
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.B.5.	Federal Jurisdiction
VIII.E.1.	Property Subject to Forfeiture
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

PLAIN ERROR
II.B.3.b.ii.	Definition of "Retail Value" in this Context

PORNOGRAPHY
II.C.6.	"Archival Exception" for Computer Software—17 U.S.C. § 117
V.C.6.	Encryption Research

POST-SALE CONFUSION
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception

PRE-RELEASE PIRACY
II.B.	Elements
II.B.1.d.ii.	Unpublished or Pre-Release Works
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.D.	Special Issues
VIII.C.1.c.iii.	Retail Value
VIII.C.1.c.v.	Cross-Reference to Loss Table in U.S.S.G. § 2B1.1

PREEMPTION
II.A.4.	Federal Preemption
II.B.3.a.ii.	Distribution
II.E.2.	Sentencing Guidelines
III.C.3.	Repackaging Genuine Goods
IV.F.	Other Possible Charges
IX.C.	Whether the Person is Subject to Prosecution in Another Jurisdiction

PREREGISTRATION
II.B.1.c.	New Procedure for "Preregistration"
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute
II.B.1.d.ii.	Unpublished or Pre-Release Works
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
see also REGISTRATION

PRESCRIPTION DRUGS
I.A.	Why Is Intellectual Property Enforcement Important?
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks

PRINCIPLES OF FEDERAL PROSECUTION
IX.A.	Introduction

PRIOR APPROVALS
III.F.	Other Charges to Consider
IV.D.2.	Confidentiality and the Use of Protective Orders
IV.D.4.	Department of Justice Oversight
X.C.1.a.	Applicable Law

PRIVATE FINANCIAL GAIN see PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN

PRIVATE INVESTIGATORS
VIII.D.3.	Determining a Restitution Figure
IX.B.4.	The Individual's History of Criminal Offenses and Civil Intellectual Property Violations
X.B.3.a.	Private Civil Remedies
X.C.	Offers of Assistance From Victims and Related Parties
X.C.1.b.ii.	Private Investigators
X.C.1.b.vi.	Assistance from Private Third Parties
X.C.3.	Strategic and Case-Related Issues

PROSECUTORIAL PRIORITIES
IX.B.1.	Federal Law Enforcement Priorities

PROTECTING AMERICAN GOODS AND SERVICES ACT OF 2005
III.A.1.	Overview of the Chapter
III.B.3.b.i.	General Definition
VI.B.2.	The Defendant Trafficked

PROTECTIVE ORDERS
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
IV.D.2.	Confidentiality and the Use of Protective Orders
X.B.3.c.	Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution

PUBLIC COURT PROCEEDING
X.A.	Victims' Rights

PUBLIC DISTRIBUTION
II.A.6.	The Rights Protected by Copyright

PUBLIC DOMAIN
II.B.1.f.	Copyright Notice
IV.B.3.a.v.	Secrecy
IV.B.3.a.vi.	Disclosure's Effects
IV.C.5.	Claim of Right—Public Domain and Proprietary Rights
IV.D.2.	Confidentiality and the Use of Protective Orders
V.B.1.c.	To a Copyrighted Work
V.C.10.a.	Congress's Constitutional Authority to Enact § 1201 of the DMCA
V.C.10.d.	Fair Use
VII.C.	False Marking of Patent—35 U.S.C. § 292

PUBLIC PERFORMANCE
I.B.	What Is Intellectual Property?
II.A.6.	The Rights Protected by Copyright
II.B.3.	Infringement of the Copyright
II.B.3.a.ii.	Distribution

PUBLIC HEALTH AND SAFETY
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
IX.B.2.	The Nature and Seriousness of the Offense

PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN
II.A.7.	When Infringement is Criminal
II.B.	Elements
II.B.3.	Infringement of the Copyright
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.4.	Additional Element for Enhanced Sentence: Purpose of Commercial Advantage or Private Financial Gain
II.B.4.a.	History
II.B.4.b.	Legal Standard
II.B.5.	Misdemeanor Copyright Infringement
II.C.5.b.	Fair Use in Criminal Cases
II.E.1.	Statutory Penalties
II.E.2.	Sentencing Guidelines
III.B.3.b.i.	General Definition
III.B.3.b.iii.	Making and Obtaining Counterfeits vs. Possession with Intent to Traffic
IV.B.5.b.	Intent to Injure the Owner of the Trade Secret
IV.F.	Other Possible Charges
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.2.	Trafficking in Access Control Circumvention Tools and Services—17 U.S.C. §§ 1201(a)(2) and 1204
V.B.3.	Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204
V.B.5.	Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202
V.C.10.b.i.	Facial Challenges
V.C.10.b.i.	Facial Challenges
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.f.	Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2—U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)]§ II.A.7.^When Infringement is Criminal

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QUI TAM
VII.C.	False Marking of Patent—35 U.S.C. § 292

QUID PRO QUO
III.B.3.b.i.	General Definition

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RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO)
II.E.2.	Sentencing Guidelines
III.F.	Other Charges to Consider
VI.F.	Other Criminal Charges to Consider
VIII.E.4.a.	Proceeds
X.B.3.b.	Advantages and Disadvantages of Parallel Civil and Criminal Proceedings

READ-ALOUD
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)

READILY ASCERTAINABLE BY THE PUBLIC
IV.B.3.a.v.	Secrecy
IV.B.3.a.viii.	Independent Economic Value

REASONABLE MEASURES
IV.B.3.a.i.	Generally
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
IV.C.6.	The First Amendment

REASONABLE ROYALTY
VIII.C.2.c.iii.	Methods of Calculating Loss

REASONABLY FORESEEABLE PECUNIARY HARM
VIII.C.2.c.i.	Use Greater of Actual or Intended Loss
VIII.C.2.c.iii.	Methods of Calculating Loss

RECKLESS DISREGARD
II.B.2.a.	Legal Standard

REGISTER OF COPYRIGHTS
II.A.5.	When Copyright Protection Begins and Ends
II.B.3.a.i.	Reproduction
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)

REGISTRATION
II.A.5.	When Copyright Protection Begins and Ends
II.B.1.b.	Copyrights vs. Registrations vs. Certificates
II.B.1.c.	New Procedure for "Preregistration"
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute
II.B.1.d.i.	Liability for Infringement Committed Prior to Registration
II.B.1.d.ii.	Unpublished or Pre-Release Works
II.B.1.d.iii.	Registration of Particular Versions of a Work
II.B.1.e.	Proof of Copyright at Trial
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.D.	Special Issues
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another
III.B.4.c.	The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.C.4.	Lanham Act Defenses
III.D.5.	Mark-Holder's Failure to Use—Symbol
III.D.8.	Olympic Symbols
III.E.3.	Restitution
IV.B.3.a.vi.	Disclosure's Effects
V.B.1.c.	To a Copyrighted Work
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.D.1.	Electronic Copies of Labels, Documentation, or Packaging
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
see also PREREGISTRATION

RELATED PARTIES
X.C.	Offers of Assistance From Victims and Related Parties
X.C.1.b.	Distinction Between "Assistance" and "Gifts"
X.C.1.b.i.	Assistance from Victims and Related Parties
X.C.1.b.ii.	Private Investigators
X.C.1.b.iii.	Cash
X.C.1.b.v.	Resources Donated for Ongoing Use by Law Enforcement
X.C.1.b.vi.	Assistance from Private Third Parties
X.C.1.c.i.	Consultative Process for Acceptance of Assistance and Gifts
X.C.3.	Strategic and Case-Related Issues

RENTAL OF SOFTWARE
II.B.3.	Infringement of the Copyright

REPACKAGING GENUINE GOODS
III.C.3.	Repackaging Genuine Goods

REPACKAGING OF AUTHENTIC GOODS
III.B.4.a.	Definition of Counterfeit Mark Generally: Not Genuine or Authentic

REPEAT CRIMINAL OFFENDERS
IX.B.4.	The Individual's History of Criminal Offenses and Civil Intellectual Property Violations

RESTITUTION
III.C.3.	Repackaging Genuine Goods
III.E.3.	Restitution
IV.E.1.b.	Criminal Forfeiture
VI.E.	Penalties
VI.E.3.	Restitution
VIII.	Penalties, Restitution, and Forfeiture
VIII.A.	Introduction
VIII.D.	Restitution
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
VIII.D.3.	Determining a Restitution Figure
IX.B.2.	The Nature and Seriousness of the Offense
IX.D.	The Adequacy of Alternative Non-Criminal Remedies
X.A.	Victims' Rights
X.B.2.	Ethical Concerns When the Criminal Prosecution Results in an Advantage in a Civil Matter
X.B.2.b.	Global Settlement Negotiations
X.B.3.b.	Advantages and Disadvantages of Parallel Civil and Criminal Proceedings
see also MANDATORY RESTITUTION, MANDATORY VICTIMS RESTITUTION ACT OF 1996

RETAIL VALUE
II.A.7.	When Infringement is Criminal
II.B.	Elements
II.B.3.	Infringement of the Copyright
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.3.b.	Infringement of at Least 10 Copies of 1 or More Copyrighted Works With a Total Retail Value Exceeding $2,500 Within a 180-Day Period
II.B.3.b.i.	Generally
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.B.5.	Misdemeanor Copyright Infringement
III.E.5.	Sentencing Guidelines
VI.E.5.	Sentencing Guidelines
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VI.E.5.b.	Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.i.	Formula
VIII.C.1.c.iii.	Retail Value
VIII.C.1.c.iv.	Determining Amounts and Values—Reasonable Estimates Allowed
VIII.D.3.	Determining a Restitution Figure

REVERSE ENGINEERING
I.B.	What Is Intellectual Property?
II.B.3.b.i.	Generally
IV.C.2.	Reverse Engineering
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.C.5.	Reverse Engineering and Interoperability of Computer Programs

REVERSE PASSING-OFF
III.D.4.	Selling Another's Trademarked Goods As One's Own (Reverse Passing-Off)

RICO see RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

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SECRECY
IV.B.1.	Overview
IV.B.3.a.v.	Secrecy
IV.B.3.a.vi.	Disclosure's Effects
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
X.B.3.b.	Advantages and Disadvantages of Parallel Civil and Criminal Proceedings

SECURITY TESTING
V.C.9.	Security Testing

SENTENCING GUIDELINES
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.4.a.	History
II.E.2.	Sentencing Guidelines
III.E.3.	Restitution
III.E.5.	Sentencing Guidelines
IV.E.2.	Sentencing Guidelines
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.E.3.	Restitution
VI.E.5.	Sentencing Guidelines
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VIII.A.	Introduction
VIII.C.	Sentencing Guidelines
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.	Adjust the Offense Level According to the "Infringement Amount" -- U.S.S.G. § 2B5.3(b)(1)
VIII.C.1.c.ii.	Number of Infringing Items
VIII.C.1.c.iii.	Retail Value
VIII.C.1.c.iv.	Determining Amounts and Values—Reasonable Estimates Allowed
VIII.C.1.c.v.	Cross-Reference to Loss Table in U.S.S.G. § 2B1.1
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.C.1.f.	Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2—U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)]
VIII.C.2.a.	Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies
VIII.C.2.c.iii.	Methods of Calculating Loss
VIII.C.2.e.	Sophisticated Means—U.S.S.G. § 2B1.1(b)(9)(C)
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
IX.B.2.	The Nature and Seriousness of the Offense
IX.B.4.	The Individual's History of Criminal Offenses and Civil Intellectual Property Violations

SERVICE MARKS
I.B.	What Is Intellectual Property?
II.E.2.	Sentencing Guidelines
III.	Trafficking In Counterfeit Trademarks, Service Marks, and Certification Marks—18 U.S.C. § 2320
III.A.1.	Overview of the Chapter
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
III.F.	Other Charges to Consider
VIII.E.	Forfeiture
VIII.E.1.	Property Subject to Forfeiture
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property

SHAM USE
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee

SHORT PHRASES
II.A.1.	What Copyright Law Protects
II.B.1.a.ii.	Short Phrases Are Not Copyrightable

SIDEWALK STANDS
I.A.	Why Is Intellectual Property Enforcement Important?

SIMILARITY OF DESIGN
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception

SOFTWARE
I.B.	What Is Intellectual Property?
II.A.6.	The Rights Protected by Copyright
II.B.1.c.	New Procedure for "Preregistration"
II.B.1.d.iii.	Registration of Particular Versions of a Work
II.B.2.b.	Proof at Trial
II.B.3.	Infringement of the Copyright
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.3.a.ii.	Distribution
II.B.3.b.ii.	Definition of "Retail Value" in this Context
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.B.4.b.	Legal Standard
II.C.4.a.	Operation of the Doctrine
II.C.6.	"Archival Exception" for Computer Software—17 U.S.C. § 117
III.E.5.	Sentencing Guidelines
III.F.	Other Charges to Consider
IV.B.3.a.i.	Generally
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
IV.C.2.	Reverse Engineering
IV.F.	Other Possible Charges
V.A.3.	Differences Between the DMCA and Traditional Copyright Law
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)
V.B.2.b.	In a Technology, Product, Service, or Part Thereof
V.B.2.c.3.	Knowingly Marketed for Circumvention
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")
V.C.4.	Information Security Exemption
V.C.6.	Encryption Research
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.3.	Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work,
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VIII.C.1.c.iii.	Retail Value
VIII.C.1.c.iv.	Determining Amounts and Values—Reasonable Estimates Allowed
VIII.C.2.c.iii.	Methods of Calculating Loss
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
IX.C.	Whether the Person is Subject to Prosecution in Another Jurisdiction
X.A.	Victims' Rights

SOLICITATION OF GIFTS see GIFTS

SOPHISTICATED MEANS
VIII.C.2.e.	Sophisticated Means—U.S.S.G. § 2B1.1(b)(9)(C)
VIII.C.2.h.	Abuse of a Position of Trust—U.S.S.G. § 3B1.3
VIII.C.2.i.	Use of Special Skill—U.S.S.G. § 3B1.3

SOUND RECORDINGS
I.B.	What Is Intellectual Property?
II.A.4.	Federal Preemption
II.A.6.	The Rights Protected by Copyright
II.B.1.c.	New Procedure for "Preregistration"
II.B.3.	Infringement of the Copyright
II.B.3.a.	Infringement by Reproduction or Distribution
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
II.C.3.	Venue
II.C.4.d.	Special Rules for Rental, Lease, and Lending
VI.B.5.	Federal Jurisdiction
VI.F.	Other Criminal Charges to Consider
IX.C.	Whether the Person is Subject to Prosecution in Another Jurisdiction

SPECIAL SKILL
VIII.C.	Sentencing Guidelines
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.h.	Decryption or Circumvention of Access Controls Increases the Offense Level—U.S.S.G. § 3B1.3
VIII.C.2.e.	Sophisticated Means—U.S.S.G. § 2B1.1(b)(9)(C)
VIII.C.2.i.	Use of Special Skill—U.S.S.G. § 3B1.3

SPECIALIZED FORMAT
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)

SPECIFIED UNLAWFUL ACTIVITY (SUA)
II.E.2.	Sentencing Guidelines
VIII.E.4.a.	Proceeds
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.5.a.	Proceeds
see also MONEY LAUNDERING

SPURIOUS MARKS
III.B.4.a.	Definition of Counterfeit Mark Generally: Not Genuine or Authentic
III.B.4.b.	The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another

STATE AND LOCAL
IV.F.	Other Possible Charges
IX.C.	Whether the Person is Subject to Prosecution in Another Jurisdiction

STATUTES OF LIMITATIONS
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute
II.C.1.	Statute of Limitations: 5 years
III.B.3.b.iii.	Making and Obtaining Counterfeits vs. Possession with Intent to Traffic
III.C.4.	Lanham Act Defenses
III.C.5.	Statute of Limitations
V.C.1.	Statute of Limitations
VI.C.	Defenses—Statute of Limitations
II.B.1.d.	Whether Registration or Preregistration is Required to Prosecute

STATUTORY DAMAGES
II.A.5.	When Copyright Protection Begins and Ends
II.B.1.d.ii.	Unpublished or Pre-Release Works
II.B.2.a.	Legal Standard
VIII.D.3.	Determining a Restitution Figure
X.B.3.a.	Private Civil Remedies

STAYS
X.B.3.b.	Advantages and Disadvantages of Parallel Civil and Criminal Proceedings
X.B.3.c.	Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution

STING OPERATIONS
IV.B.3.a.vi.	Disclosure's Effects
IV.C.6.	The First Amendment
IV.D.2.	Confidentiality and the Use of Protective Orders
VIII.C.2.c.i.	Use Greater of Actual or Intended Loss

STIPULATIONS
II.B.1.e.	Proof of Copyright at Trial
IV.D.2.	Confidentiality and the Use of Protective Orders
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded

STOP COUNTERFEITING IN MANUFACTURED GOODS ACT
I.A.	Why Is Intellectual Property Enforcement Important?
III.A.1.	Overview of the Chapter
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
III.B.1.	The Trademark Counterfeiting Crime in General
III.B.3.	Intentionally Trafficked or Attempted to Traffic in Goods or Services [after March 16, 2006: or Labels, Documentation, or Packaging for Goods or Services]
III.B.3.c.	Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature]
III.B.4.a.	Definition of Counterfeit Mark Generally: Not Genuine or Authentic
III.B.4.e.	Use of the Counterfeit Mark "On or In Connection With" Goods or Services
III.B.4.f.	The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered
III.B.4.g.	Likelihood of Confusion, Mistake, or Deception
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
III.C.1.	Authorized-Use Defense: Overrun Goods
III.C.3.	Repackaging Genuine Goods
III.E.5.	Sentencing Guidelines
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.E.	Forfeiture
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.5.a.	Proceeds
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property

STORAGE COSTS
III.D.6.	Storage Costs and Destruction
X.C.1.b.iv.	Storage Costs in Counterfeit or Infringing Products Cases

STUDIO OUT-TAKES
II.E.2.	Sentencing Guidelines

SUBSTANTIAL STEP
IV.B.6.	Attempts and Conspiracies, Including the Impossibility Defense

SUBSTANTIALLY OVERSTATES THE SERIOUSNESS OF THE OFFENSE
VIII.C.2.g.	Downward Departure Considerations—U.S.S.G. § 2B1.1 cmt. n.19(C)

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TAMPERING
III.C.3.	Repackaging Genuine Goods
III.F.	Other Charges to Consider
IV.E.1.b.	Criminal Forfeiture

TANGIBLE MEDIUM
I.B.	What Is Intellectual Property?
II.A.1.	What Copyright Law Protects
II.B.1.a.	Copyrightability
II.B.1.a.i.	Original Work Fixed in a Tangible Medium

TECHNICAL JOURNALS
IV.B.3.a.vi.	Disclosure's Effects

TECHNOLOGICAL MEASURES
V.A.1.	DMCA's Background and Purpose
V.A.2.	Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.B.1.	Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204
V.B.1.a.	Circumvented
V.B.1.b.	Technological Measures That Effectively Control Access (an "Access Control")
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.2.c.1.	Primarily Designed or Produced
V.B.2.c.2.	Limited Commercially Significant Purpose Other Than Circumvention
V.B.3.	Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204
V.B.3.a.	Circumventing
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")
V.C.6.	Encryption Research
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded

THE GREATER OF ACTUAL LOSS OR INTENDED LOSS
VIII.C.2.c.i.	Use Greater of Actual or Intended Loss

THOMPSON MEMO
IX.E.	Special Considerations in Deciding Whether to Charge Corporations and Other Business Organizations

THREATS OF PROSECUTION
X.B.2.a.	Victims Who Seek Advantage By Threats of Criminal Prosecution

TIMELY NOTICE OF ANY PUBLIC COURT PROCEEDING
X.A.	Victims' Rights

TRADE SECRETS
I.B.	What Is Intellectual Property?
I.C.	Why Criminal Enforcement?
II.A.1.	What Copyright Law Protects
II.B.1.a.iii.	Expression of an Idea vs. Idea Itself
II.E.2.	Sentencing Guidelines
IV.	Theft of Commercial Trade Secrets
IV.A.	Introduction
IV.B.1.	Overview
IV.B.2.	Relevance of Civil Cases
IV.B.3.a.	The Information Was a Trade Secret
IV.B.3.a.i.	Generally
IV.B.3.a.ii.	Employee's General Knowledge, Skill, or Abilities Not Covered
IV.B.3.a.iii.	Specification of Trade Secrets
IV.B.3.a.iv.	Novelty
IV.B.3.a.v.	Secrecy
IV.B.3.a.vi.	Disclosure's Effects
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
IV.B.3.a.viii.	Independent Economic Value
IV.B.3.b.i.	Types of Misappropriation
IV.B.3.b.ii.	Memorization Included
IV.B.3.b.iii.	Lack of Authorization
IV.B.3.b.iv.	Misappropriation of Only Part of a Trade Secret
IV.B.3.b.v.	Mere Risk of Misappropriation Not Prosecutable, But Attempts and Conspiracies Are
IV.B.3.c.	Knowledge
IV.B.5.a.	Economic Benefit to a Third Party
IV.B.5.b.	Intent to Injure the Owner of the Trade Secret
IV.B.5.c.	Product Produced for or Placed in Interstate or Foreign Commerce
IV.B.6.	Attempts and Conspiracies, Including the Impossibility Defense
IV.C.1.	Parallel Development
IV.C.2.	Reverse Engineering
IV.C.4.	Advice of Counsel
IV.C.5.	Claim of Right—Public Domain and Proprietary Rights
IV.C.6.	The First Amendment
IV.D.1.	Civil Injunctive Relief for the United States
IV.D.2.	Confidentiality and the Use of Protective Orders
IV.E.1.b.	Criminal Forfeiture
IV.F.	Other Possible Charges
VII.A.	Overview of Patent
VIII.C.1.k.	No Downward Departure for the Victim's Participation in Prosecution
VIII.C.2.a.	Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies
VIII.C.2.c.iii.	Methods of Calculating Loss
VIII.C.2.e.	Sophisticated Means—U.S.S.G. § 2B1.1(b)(9)(C)
VIII.C.2.f.	Upward Departure Considerations—U.S.S.G. § 2B1.1 cmt. n.19(A)
VIII.C.2.g.	Downward Departure Considerations—U.S.S.G. § 2B1.1 cmt. n.19(C)
VIII.C.2.h.	Abuse of a Position of Trust—U.S.S.G. § 3B1.3
VIII.C.2.i.	Use of Special Skill—U.S.S.G. § 3B1.3
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
VIII.D.3.	Determining a Restitution Figure
VIII.E.2.c.	Table of Forfeiture Provisions Arranged by Criminal IP Statute
VIII.E.5.	Criminal Forfeiture in IP Matters
VIII.E.5.b.	Infringing Items, Other Contraband, and Facilitating Property
X.C.1.b.i.	Assistance from Victims and Related Parties
X.C.1.b.v.	Resources Donated for Ongoing Use by Law Enforcement

TRADE SHOWS
IV.B.3.a.vi.	Disclosure's Effects

TRADEMARK COUNTERFEITING ACT OF 1984
III.A.2.	Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks
III.B.1.	The Trademark Counterfeiting Crime in General

TRADEMARKS see generally Chapter III see also
I.A.	Why Is Intellectual Property Enforcement Important?
I.B.	What Is Intellectual Property?
I.C.	Why Criminal Enforcement?
II.A.1.	What Copyright Law Protects
II.B.1.a.ii.	Short Phrases Are Not Copyrightable
II.C.3.	Venue
II.E.2.	Sentencing Guidelines
VI.A.	Distinguished From Trademark and Copyright Statutes
VI.B.4.	The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit
VI.D.2.	Advantages of Charging a § 2318 Offense
VI.E.5.a.	Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging
VI.E.5.b.	Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items
VI.F.	Other Criminal Charges to Consider
VII.A.	Overview of Patent
VIII.C.1.	Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.c.ii.	Number of Infringing Items
VIII.C.1.c.iv.	Determining Amounts and Values—Reasonable Estimates Allowed
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]
VIII.D.1.	Restitution is Available—and Often Required—in Intellectual Property Prosecutions
VIII.D.2.	Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded
VIII.D.3.	Determining a Restitution Figure
VIII.E.	Forfeiture
VIII.E.1.	Property Subject to Forfeiture
VIII.E.2.a.	Administrative Forfeiture Proceedings
VIII.E.4.a.	Proceeds
VIII.E.4.b.	Infringing Items, Other Contraband, and Facilitating Property
VIII.E.4.c.ii.	Victims' Ability to Forfeit Property
IX.D.	The Adequacy of Alternative Non-Criminal Remedies
X.	Victims of Intellectual Property Crimes—Ethics and Obligations
X.B.3.a.	Private Civil Remedies
X.C.1.b.iv.	Storage Costs in Counterfeit or Infringing Products Cases

TRAFFICKING IN ACCESS CONTROL CIRCUMVENTION TOOLS AND SERVICES
V.B.2.	Trafficking in Access Control Circumvention Tools and Services—17 U.S.C. §§ 1201(a)(2) and 1204

TREBLE DAMAGES
X.B.2.b.	Global Settlement Negotiations

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UNAUTHORIZED DISCLOSURE OF GOVERNMENT INFORMATION
IV.A.	Introduction

UNIFORM TRADE SECRETS ACT
IV.A.	Introduction
IV.B.2.	Relevance of Civil Cases
IV.B.3.a.viii.	Independent Economic Value
IV.C.6.	The First Amendment
VIII.C.2.c.iii.	Methods of Calculating Loss
see also TRADE SECRETS

UNITS OF PROSECUTION
III.D.7.	Units of Prosecution

UNPUBLISHED COPYRIGHTED WORK
II.C.5.a.	Unpublished Works

UPLOADING
II.B.3.a.ii.	Distribution
IV.B.3.b.i.	Types of Misappropriation
VIII.C.1.a.	Applicable Guideline is § 2B5.3
VIII.C.1.e.	Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2—U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)]

USAGE CONTROLS
V.A.2.a.	Access Controls vs. Copy/Use Controls
V.B.3.b.	Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control")

USE IN COMMERCE
III.B.4.d.	The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee
see also INTERSTATE AND FOREIGN COMMERCE

UTILITY PATENTS
I.B.	What Is Intellectual Property?

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VAGUENESS
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
III.C.1.	Authorized-Use Defense: Overrun Goods
IV.B.3.a.vii.	Reasonable Measures to Maintain Secrecy
IV.C.6.	The First Amendment
V.C.10.c.	Vagueness

VENUE
II.C.3.	Venue
III.B.1.	The Trademark Counterfeiting Crime in General
III.B.6.	Venue
III.C.	Defenses
VI.B.6.	Venue

VICTIM AND WITNESS PROTECTION ACT OF 1982
X.A.	Victims' Rights

VICTIM'S PARTICIPATION
VIII.C.1.k.	No Downward Departure for the Victim's Participation in Prosecution
VIII.C.2.j.	No Downward Departure for Victim's Participation in Developing the Case

VICTIMS' RIGHTS
II.B.2.a.	Legal Standard
X.A.	Victims' Rights

VIDEO GAMES
II.B.1.d.ii.	Unpublished or Pre-Release Works
II.B.3.a.i.	Reproduction
V.B.1.d.	How Congress Intended the Anti-Circumvention Prohibition to Apply
V.B.1.e.	Regulatory Exemptions to Liability under § 1201(a)(1)
V.B.2.c.1.	Primarily Designed or Produced

VULNERABLE VICTIMS
VIII.C.1.j.	Vulnerable Victims—U.S.S.G. § 3A1.1(b)

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WILLFUL BLINDNESS
III.B.5.	The Defendant Used the Counterfeit Mark "Knowingly"
VI.B.1.	The Defendant Acted "Knowingly"

WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION
II.	Criminal Copyright Infringement—17 U.S.C. § 506 and 18 U.S.C. § 2319
II.A.7.	When Infringement is Criminal
II.B.	Elements
II.B.3.	Infringement of the Copyright
II.B.3.c.	Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution
II.B.3.c.iii.	Work Being Prepared for Commercial Distribution
VIII.C.1.c.iii.	Retail Value
VIII.C.1.c.v.	Cross-Reference to Loss Table in U.S.S.G. § 2B1.1

WORKS MADE FOR HIRE
II.A.5.	When Copyright Protection Begins and Ends

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)
V.A.1.	DMCA's Background and Purpose
V.A.4.	Other DMCA Sections That Do Not Concern Prosecutors

WRIT OF MANDAMUS see MANDAMUS