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H.R. 32Became Law

Stop Counterfeiting in Manufactured Goods Act

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.

Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.

Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."

Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

Became Public Law No: 109-181.

Rep. Knollenberg, Joe [R-MI-9](R-MI)Sponsor
59 cosponsors18 D41 R
59cosponsors2committees37actions1amendments2related bills23subjects
  1. PresidentE40000

    Became Public Law No: 109-181.

  2. BecameLaw36000

    Became Public Law No: 109-181.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. Cleared for White House.

  8. ResolvingDifferencesH41931

    Motion to reconsider laid on the table Agreed to without objection.

  9. ResolvingDifferencesH41610

    On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H593-594)

  10. NotUsed19500

    Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(text as House agreed to Senate amendment: CR H593-594)

  11. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 32.

  12. ResolvingDifferencesH40140

    Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H593-596)

  13. Floor

    Message on Senate action sent to the House.

  14. Floor

    Passed Senate with an amendment by Unanimous Consent.

  15. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  16. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S1367-1370)

  17. Discharge

    Senate Committee on the Judiciary discharged by Unanimous Consent.

    Judiciary Committee
  18. Committee14500

    Senate Committee on the Judiciary discharged by Unanimous Consent.

    Judiciary Committee
  19. IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  20. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  21. FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3699-3700)

  22. Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3699-3700)

  23. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 32.

  24. FloorH30000

    Considered under suspension of the rules. (consideration: CR H3677-3703)

  25. FloorH30300

    Mr. Goodlatte moved to suspend the rules and pass the bill, as amended.

  26. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 34.

  27. CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 109-68.

    Judiciary Committee
  28. Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 109-68.

    Judiciary Committee
  29. CommitteeH19000

    Ordered to be Reported (Amended) by Voice Vote.

    Judiciary Committee
  30. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  31. CommitteeH23000

    Forwarded by Subcommittee to Full Committee by Voice Vote.

    Crime and Federal Government Surveillance Subcommittee
  32. CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Crime and Federal Government Surveillance Subcommittee
  33. CommitteeH11000

    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

    Crime and Federal Government Surveillance Subcommittee
  34. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  35. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR E19-20)

  36. IntroReferralIntro-H

    Introduced in House

  37. IntroReferral1000

    Introduced in House

Mar 16, 200649

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.

Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.

Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."

Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

Feb 15, 200635

Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.

Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."

Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

May 23, 200536

Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) Modifies federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property derived from proceeds of, or used in the commission of, the violation. Directs the court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any forfeited article bearing or consisting of a counterfeit mark; and (2) to order a person convicted of such offense to pay restitution to the owner of the mark and any other victim of the property offense.

Makes criminal penalties applicable to persons who intentionally traffic, or attempt to traffic, in labels or packaging knowing that a counterfeit mark had been applied, the use of which was likely to cause confusion or mistake, or to deceive.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch, medallion, documentation, or packaging that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the U.S. Patent and Trademark Office.

Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging of genuine goods or services not intended to deceive or confuse.

(Sec. 3) Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of circumvention of copyright protection systems, violating the integrity of copyright management information, or trafficking in counterfeit labels or marks; and (2) determine whether the definition of "infringement amount" under the guidelines is adequate to address situations in which the defendant has been so convicted and the item the defendant trafficked in was intended to facilitate infringement.

Jan 4, 200500

Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any article in a defendant's possession bears or is a counterfeit mark, to order the forfeiture and destruction of such article, regardless of whether the defendant is convicted of an offense; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion.

Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging, without deception, of genuine goods or services.