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1702. Trademark Counterfeiting -- Charging Considerations

Section 2320 is not intended to criminalize every trademark infringement for which remedies may exist under the Lanham Act, 15 U.S.C. §§ 1051 et seq. It is intended to deal vigorously with the burgeoning and increasingly lucrative trade in outright copies of well-known trademarked merchandise. The 1996 amendments are intended to focus prosecutive attention on the growing problems associated with the unlawful importation of counterfeit trademarked goods, and violations tied to organized criminal behavior and criminal enterprises.

[cited in JM 9-68.100]

Updated January 16, 2020