[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7224 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7224

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


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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:
``Sec. 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.''.
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