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Criminal Resource Manual

1705. Trademark Counterfeiting -- First Element -- The Defendant Trafficked Or Attempted To Traffic In Goods Or Services

The term "traffic" is broadly defined in the statute to mean "transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer or dispose of." 18 U.S.C. § 2320(d)(2). This definition limits the scope of the Act to commercial activities, but appears to be broad enough to cover virtually every aspect of the commercial importation, manufacture, storage, transportation, and sale of goods and services, from initial manufacture to retail sale. The knowing purchase of goods bearing counterfeit marks for the purchaser's personal use, however, is not covered by this statute. See Joint Statement on Trademark Counterfeiting Legislation (hereinafter "Joint Statement"), 130 Cong. Rec. H12076, H12078 (daily ed. Oct. 10, 1984).|C906

Attempts to traffic are prohibited to the same extent as the completed act, and would be governed by the applicable general law of attempt. Conspiracies to violate § 2320 are prosecutable under 18 U.S.C. §  371.

The following is the entire text of the 1984 Joint Statement intended by House of Representatives and Senate sponsors to be the final and authoritative explanation of the legislative intent of the Trademark Counterfeiting Act of 1984, Pub. L. No. 98-473, Tit. II, § 1502(a), 98 Stat. 2178 (1984). Joint Statement on Trademark Counterfeiting Legislation, 130 Cong. Rec. H12076, H12078 (daily ed. Oct. 10, 1984) (hereinafter "Joint Statement").

[cited in USAM 9-68.100]