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Joint Statement—Part E. Lanham Act Amendment

E. LANHAM ACT AMENDMENT The Amendment to the Lanham Act accomplishes two primary goals: First, it provides statutory authorization for the seizure of counterfeit goods on an ex parte basis under certain circumstances in civil trademark cases; and second, mandates the award of treble damages or profits and attorney's fees in civil cases in which the defendant has been shown to have intentionally use a mark knowing that it is counterfeit, unless the defendant can show the existence of extenuating circumstances. Both the House and Senate bills contained provisions similar to those in-[H 12080]-cluded in the compromise draft. The draft follows the structure of the House bill, which the sponsors believe will best harmonize with existing civil trademark remedies.