Page:United States Statutes at Large Volume 98 Part 2.djvu/1021

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984 "(i) an order other than an ex parte seizure order is not adequate to achieve the purposes of section 32 of this Act (15 U.S.C. 1114); "(ii) the appHcant has not publicized the requested seizure; "(iii) the appHcant is Hkely to succeed in showing that the person against whom seizure would be ordered used a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services; "(iv) an immediate and irreparable injury will occur if such seizure is not ordered; "(v) the matter to be seized will be located at the place identified in the application; "(vi) the harm to the applicant of denying the application outweighs the harm to the legitimate interests of the person against whom seizure would be ordered of granting the application; and "(vii) the person against whom seizure would be ordered, or persons acting in concert with such person, would destroy, move, hide, or otherwise make such matter inaccessible to the court, if the applicant were to proceed on notice to such person. "(5) An order under this subsection shall set forth— "(A) the findings of fact and conclusions of law required for the order; "(B) a particular description of the matter to be seized, and a description of each place at which such matter is to be seized; "(C) the time period, which shall end not later than seven days after the date on which such order is issued, during which the seizure is to be made; "(D) the amount of security required to be provided under this subsection; and "(E) a date for the hearing required under paragraph (10) of this subsection. "(6) The court shall take appropriate action to protect the person against whom an order under this subsection is directed from publicity, by or at the behest of the plaintiff, about such order and any seizure under such order. "(7) Any materials seized under this subsection shall be taken into the custody of the court. The court shall enter an appropriate protective order with respect to discovery by the applicant of any records that have been seized. The protective order shall provide for appropriate procedures to assure that confidential information contained in such records is not improperly disclosed to the applicant. "(8) An order under this subsection, together with the supporting documents, shall be sealed until the person against whom the order is directed has an opportunity to contest such order, except that any person against whom such order is issued shall have access to such order and supporting documents after the seizure has been carried out. "(9) The court shall order that a United States marshal or other law enforcement officer is to serve a copy of the order under this subsection and then is to carry out the seizure under such order. The court shall issue orders, when appropriate, to protect the defendant from undue damage from the disclosure of trade secrets or other confidential information during the course of the seizure, including, when appropriate, orders restricting the access of the applicant (or

STAT. 2181

Confidentiality.

Confidentiality.