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]