TRAFFICKING IN COUNTERFEIT GOODS

34. Title 18, United States Code Section 2320(a)(1l) (trafficking in counterfeit goods or services), prohibits intentionally “traffic[king] in goods or services and knowingly us[ing] a counterfeit mark on or in connection with such goods or services.” “Counterfeit mark” is defined to mean a spurious mark (i) that is used in connection with trafficking in any goods, services, of any type or nature; (ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; (iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office…; and (iv) the use of which is likely to cause confusion, to cause mistake, or to deceive[.]” 18 U.S.C. § 2320()(1)XA). “Traffic” means “to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of[.]” 18 U.S.C. § 2320()(5). *Financial gain” is in turn defined broadly to include “the receipt, or expected receipt, of anything of value.” 18 U.S.C. § 2320(f)(2). Anyone who commits an offense under this provision is subject to criminal prosecution. 18 U.S.C. § 2320(b)(1).
35. According to the United States Patent and Trademark Office (“USPTO”), a trademark can be any word, phrase, symbol, design, or a combination of these things that identifies goods or services. The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services. Trademark owners can register their trademarks with the USPTO, which maintains a database of registered and pending trademarks that is available to the public to search. That database includes the date the trademark owner applied for trademark registration, the date the trademark registered, and examples of the trademark.