The act requires trademark owners seeking an ex parte seizure order to give such notice as is reasonable under the circumstances to the United States Attorney. 15 U.S.C. § 1116(d)(2). Upon receipt of such notice, the United States Attorney should take steps to determine whether the proceedings or the 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 determines that the public interest in a potential prosecution so requires. Id. No further action on the part of the United States Attorney is required.
Updated December 18, 2015