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Bill109th CongressFiled Sep 14, 2005Crime and Law Enforcement
S. 1699

Stop Counterfeiting in Manufactured Goods Act

Bill journey · stage 1 of 5

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What it doesSummary passed senate amended (Nov 10, 2005)

Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) Amends 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. Makes code provisions regarding civil forfeitures, including general rules for civil forfeiture proceedings, applicable to any seizure or civil forfeiture under this section. 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 the use of which is likely to cause confusion, to cause 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 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.

What just happenedNov 14, 2005

Held at the desk.

Who’s behind it

Sen. Specter, Arlen [R-PA](R-PA)Sponsor
16 cosponsors8 D8 R
Read on Congress.gov
16cosponsors1committees13actions2related bills15subjects
  1. Nov 14, 2005FloorH15000

    Held at the desk.

  2. Nov 14, 2005Floor

    Message on Senate action sent to the House.

  3. Nov 14, 2005FloorH14000

    Received in the House.

  4. Nov 10, 2005Floor

    Passed Senate with an amendment by Unanimous Consent. (consideration: CR S12714-12718; text as passed Senate: CR S12714-12715)

  5. Nov 10, 2005Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S12714-12718; text as passed Senate: CR S12714-12715)

  6. Nov 7, 2005Floor

    Star Print ordered on the bill, as reported.

  7. Nov 3, 2005Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 278.

  8. Nov 3, 2005Committee

    Committee on the Judiciary. Reported by Senator Specter with an amendment. Without written report.

    Judiciary Committee
  9. Nov 3, 2005Committee14000

    Committee on the Judiciary. Reported by Senator Specter with an amendment. Without written report.

    Judiciary Committee
  10. Nov 3, 2005Committee

    Committee on the Judiciary. Ordered to be reported with an amendment favorably.

    Judiciary Committee
  11. Sep 14, 2005IntroReferral

    Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  12. Sep 14, 2005IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S10044)

  13. Sep 14, 2005IntroReferral10000

    Introduced in Senate

Passed Senate amendedNov 10, 200535

Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) Amends 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. Makes code provisions regarding civil forfeitures, including general rules for civil forfeiture proceedings, applicable to any seizure or civil forfeiture under this section. 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 the use of which is likely to cause confusion, to cause 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 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.

Introduced in SenateSep 14, 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. 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.

Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of 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.