H.R. 7224 – Reading Mode

110th CONGRESS

2d Session

H. R. 7224

IN THE HOUSE OF REPRESENTATIVES

September 29, 2008

Mr. Cannon introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to create an offense for misuse in communications of a registered mark.

Criminal misue of registered mark

(a)

In general

Chapter 113 of title 18, United States Code, is amended by inserting after section 2320 the following new section:

2320A.

Criminal misuse of registered mark

(a)

Offense

(1)

In general

Whoever, in communications that may be regulated by Congress, uses a trademark, service mark, collective mark, or certification mark registered on the principal register in the United States Patent and Trademark Office, with the intent to deceive the public to believe that such use is authorized by the owner of the mark shall—

(A)

if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both; and

(B)

if a person other than an individual, be fined not more than $5,000,000.

(2)

Subsequent offenses

In the case of an offense by a person under paragraph (1) that occurs after that person is convicted of another offense under paragraph (1), the person convicted shall—

(A)

if an individual, be fined not more than $5,000,000 or imprisoned not more than 20 years, or both; and

(B)

if other than an individual, be fined not more than $15,000,000.

(b)

Defenses and limitations on remedies

All defenses, affirmative defenses, and limitations on remedies that would apply in an action under the Lanham Act shall apply in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.

(c)

Pre-sentence report

During preparation of the pre-sentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense under subsection (a) shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.

(d)

Definition

For purposes of this section, the term Lanham Act means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946.

(b)

Conforming amendment

The table of sections and the begining of chapter 113 of title 18, United States Code, is amended by inserting adter the item relating to section 2320 the following new item

2320A. Criminal misuse of registered mark.