Notice

The United States Attorneys’ Manual is currently undergoing maintenance. If you are unable to access specific content, please contact the webmaster.

You are here

Criminal Resource Manual 1704 Trademark Counterfeiting -- Elements -- 18 U.S.C. § 2320

1704

Trademark Counterfeiting—Elements—18 U.S.C. §  2320

In order to establish the criminal offense under 18 U.S.C. §  2320, the government must prove: (1) that the defendant trafficked or attempted to traffic in goods or services; (2) that such trafficking, or attempt to traffic, was intentional; (3) that the defendant used a "counterfeit mark" on or in connection with such goods or services; and (4) that the defendant knew that the mark so used was counterfeit.

[cited in USAM 9-68.100]

Updated February 19, 2015