Page:United States Statutes at Large Volume 98 Part 2.djvu/1019

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2179

"(c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable 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. "(d) For the purposes of this section— "(1) the term 'counterfeit mark' means— "(A) a spurious mark— "(i) that is used in connection with trafficking in goods or services; "(ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services 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; and "(iii) the use of which is likely to cause confusion, to cause mistake, or to deceive; or "(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 110 of the Olympic Charter Act; but such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation; "(2) the term 'traffic' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent ao Lu transport, transfer, or dispose of; "(3) 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 (15 U.S.C. 1051 et seq.); and "(4) the term 'Olympic Charter Act' means the Act entitled 'An Act to incorporate the United States Olympic Association', approved September 21, 1950 (36 U.S.C. 371 et seq.).". (b) The table of sections at the beginning of chapter 113 of title 18 of the United States Code is amended by adding at the end the following new item: "2320. Trafficking in counterfeit goods or services.". LANHAM ACT AMENDMENT

SEC. 1503. 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 (15 U.S.C. 1051 et seq.) is amended— (1) in section 34 (15 U.S.C. 1116)— (A) by designating the first paragraph as subsection (a); (B) by designating the second paragraph as subsection (b);

15 USC 1051 "o^e. ^

36 USC 380.