1714

Trademark Counterfeiting—Third Element—The Defendant Used a "Counterfeit Mark" on or in Connection With Such Goods or Services

The marks protected from counterfeiting by this statute are registered trademarks in use and Olympic designations protected under 36 U.S.C. §  380. For purposes of the criminal statute, the term "counterfeit mark" is defined in 18 U.S.C. § 2320 (d). The components of this definitions are discussed in this Manual at 1715. The requirements for establishing that a counterfeit Olympic designation is a "counterfeit mark" appear to be somewhat simpler than those required for other registered trademarks. According to the language of the statute, the mark must be: (1) a spurious designation, (2) "identical to or substantially indistinguishable from," (3) a designation as to which the remedies of the Lanham Act are made available by reason of Section 110 of the Olympic Charter Act. The designations protected are set forth at 36 U.S.C. §  380, and include, for example, the familiar International Olympic Committee symbol consisting of five interlocking rings. Id. § 380(a)(1). [cited in USAM 9-68.100]