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1704. Trademark Counterfeiting -- Elements -- 18 U.S.C. § 2320

In order to establish the criminal offense under 18 U.S.C. §  2320, the government must prove: (1) that the defendant trafficked or attempted to traffic in goods or services; (2) that such trafficking, or attempt to traffic, was intentional; (3) that the defendant used a "counterfeit mark" on or in connection with such goods or services; and (4) that the defendant knew that the mark so used was counterfeit.

[cited in JM 9-68.100]

Updated January 16, 2020