Trademark CounterfeitingFirst ElementThe
Defendant Trafficked or Attempted to Traffic in Goods or Services
The term "traffic" is broadly defined in the statute to mean
"transport, transfer, or otherwise dispose of, to another, as consideration
anything of value, or make or obtain control of with intent so to transport,
transfer or dispose of." 18 U.S.C. § 2320(d)(2). This definition
scope of the Act to commercial activities, but appears to be broad enough to
cover virtually every aspect of the commercial importation, manufacture,
transportation, and sale of goods and services, from initial manufacture to
retail sale. The knowing purchase of goods bearing counterfeit marks for
purchaser's personal use, however, is not covered by this statute.
Joint Statement on Trademark Counterfeiting Legislation (hereinafter "Joint
Statement"), 130 Cong. Rec. H12076, H12078 (daily ed. Oct. 10, 1984).|C906|
Attempts to traffic are prohibited to the same extent as the
act, and would be governed by the applicable general law of attempt.
Conspiracies to violate § 2320 are prosecutable under 18 U.S.C.
The following is the entire text of the 1984 Joint Statement
by House of Representatives and Senate sponsors to be the final and
explanation of the legislative intent of the Trademark Counterfeiting Act of
1984, Pub. L. No. 98-473, Tit. II, § 1502(a), 98 Stat. 2178 (1984).
Statement on Trademark Counterfeiting Legislation, 130 Cong. Rec. H12076,
H12078 (daily ed. Oct. 10, 1984) (hereinafter "Joint Statement").
[cited in USAM 9-68.100]