Trademark CounterfeitingNotification to the
States Attorney of Applications for Ex Parte Seizure Orders
The act requires trademark owners seeking an ex parte seizure order
give such notice as is reasonable under the circumstances to the United
Attorney. 15 U.S.C. § 1116(d)(2). Upon receipt of such notice, the
States Attorney should take steps to determine whether the proceedings or
order sought "may affect evidence of an offense against the United States,"
Id. § 1116(d)(2), and may participate in the proceedings where
appropriate. The court is authorized to deny the application if it
that the public interest in a potential prosecution so requires. Id.
further action on the part of the United States Attorney is required.|
[cited in Criminal Resource Manual 1701; Criminal Resource Manual 1701; USAM 9-68.500]