Stop Counterfeiting in Manufactured Goods Act

3.0.0 32 2023-01-31T21:11:41Z 2023-01-31T21:11:41Z House H HR 2005-01-04 109 ssju00 Judiciary Committee Senate Standing Discharged from 2006-02-16T00:38:06Z Referred to 2005-05-24T18:37:40Z hsju00 Judiciary Committee House Standing hsju08 Crime and Federal Government Surveillance Subcommittee Reported by 2005-03-17T22:02:08Z Markup by 2005-03-17T22:00:41Z Referred to 2005-03-02T17:25:29Z Reported by 2005-05-03T22:30:42Z Markup by 2005-04-13T23:14:38Z Referred to 2005-01-04T17:07:20Z H. Rept. 109-68 Stop Counterfeiting in Manufactured Goods Act 109 1699 S 2005-11-14 Held at the desk. 19:16:07 Related bill CRS Related bill House 2006-03-16 Became Public Law No: 109-181. President E40000 2 House floor actions 2006-03-16 Became Public Law No: 109-181. BecameLaw 36000 9 Library of Congress 2006-03-16 Signed by President. President E30000 2 House floor actions 2006-03-16 Signed by President. BecameLaw 36000 9 Library of Congress 2006-03-10 Presented to President. Floor E20000 2 House floor actions 2006-03-10 Presented to President. President 28000 9 Library of Congress 2006-03-07 Cleared for White House. 2006-03-07 15:48:59 Motion to reconsider laid on the table Agreed to without objection. ResolvingDifferences H41931 2 House floor actions 2006-03-07 15:48:58 On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H593-594) ResolvingDifferences H41610 2 House floor actions 2006-03-07 Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(text as House agreed to Senate amendment: CR H593-594) NotUsed 19500 9 Library of Congress 2006-03-07 15:31:56 DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 32. Floor H8D000 2 House floor actions 2006-03-07 15:31:44 Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H593-596) ResolvingDifferences H40140 2 House floor actions 2006-02-15 Senate Message on Senate action sent to the House. Floor 2006-02-15 Senate Passed Senate with an amendment by Unanimous Consent. Floor 2006-02-15 Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. Floor 17000 9 Library of Congress 2006-02-15 Senate Measure laid before Senate by unanimous consent. (consideration: CR S1367-1370) Floor 2006-02-15 ssju00 Judiciary Committee Senate Senate Committee on the Judiciary discharged by Unanimous Consent. Discharge 2006-02-15 Senate Committee on the Judiciary discharged by Unanimous Consent. Committee 14500 9 Library of Congress ssju00 Judiciary Committee 2005-05-24 ssju00 Judiciary Committee Senate Received in the Senate and Read twice and referred to the Committee on the Judiciary. IntroReferral 2005-05-23 14:20:31 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2005-05-23 14:20:28 On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3699-3700) Floor H37300 2 House floor actions 2005-05-23 14:20:28 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3699-3700) Floor 8000 9 Library of Congress 2005-05-23 14:06:37 DEBATE - The House proceeded with forty minutes of debate on H.R. 32. Floor H8D000 2 House floor actions 2005-05-23 14:06:32 Considered under suspension of the rules. (consideration: CR H3677-3703) Floor H30000 2 House floor actions 2005-05-23 14:05:58 Mr. Goodlatte moved to suspend the rules and pass the bill, as amended. Floor H30300 2 House floor actions 2005-05-03 Placed on the Union Calendar, Calendar No. 34. Calendars H12410 2 House floor actions U00034 2005-05-03 Reported (Amended) by the Committee on Judiciary. H. Rept. 109-68. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2005-05-03 Reported (Amended) by the Committee on Judiciary. H. Rept. 109-68. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2005-04-13 hsju00 Judiciary Committee 1 House committee actions Ordered to be Reported (Amended) by Voice Vote. Committee 2005-04-13 hsju00 Judiciary Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2005-03-17 hsju08 Crime and Federal Government Surveillance Subcommittee 1 House committee actions Forwarded by Subcommittee to Full Committee by Voice Vote. Committee 2005-03-17 hsju08 Crime and Federal Government Surveillance Subcommittee 1 House committee actions Subcommittee Consideration and Mark-up Session Held. Committee 2005-03-02 hsju08 Crime and Federal Government Surveillance Subcommittee 1 House committee actions Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. Committee 2005-01-04 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2005-01-04 Sponsor introductory remarks on measure. (CR E19-20) IntroReferral B00100 9 Library of Congress 2005-01-04 Introduced in House IntroReferral Intro-H 9 Library of Congress 2005-01-04 Introduced in House IntroReferral 1000 9 Library of Congress K000288 Rep. Knollenberg, Joe [R-MI-9] JOE KNOLLENBERG R MI 9 N G000545 Rep. Green, Mark [R-WI-8] MARK GREEN R WI 8 2005-01-04 True E000092 Rep. Ehlers, Vernon J. [R-MI-3] VERNON EHLERS R MI J. 3 2005-01-04 True S001152 Rep. Simmons, Rob [R-CT-2] ROB SIMMONS R CT 2 2005-01-04 True G000210 Rep. Gillmor, Paul E. [R-OH-5] PAUL GILLMOR R OH E. 5 2005-01-04 True S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 2005-01-04 True C000556 Rep. Coble, Howard [R-NC-6] HOWARD COBLE R NC 6 2005-01-04 True M001147 Rep. McCotter, Thaddeus G. [R-MI-11] Thaddeus McCotter R MI G. 11 2005-01-04 True C000071 Rep. Camp, Dave [R-MI-4] DAVE CAMP R MI 4 2005-01-04 True U000031 Rep. Upton, Fred [R-MI-6] FRED UPTON R MI 6 2005-01-04 True R000572 Rep. Rogers, Mike J. [R-MI-8] Mike Rogers R MI 8 2005-01-04 True W000314 Rep. Wexler, Robert [D-FL-19] ROBERT WEXLER D FL 19 2005-01-04 True L000263 Rep. Levin, Sander M. [D-MI-12] SANDER LEVIN D MI M. 12 2005-01-04 True R000409 Rep. Rohrabacher, Dana [R-CA-46] DANA ROHRABACHER R CA 46 2005-01-04 True G000289 Rep. Goodlatte, Bob [R-VA-6] ROBERT GOODLATTE R VA W. 6 2005-01-04 True W000268 Rep. Weldon, Curt [R-PA-7] CURT WELDON R PA 7 2005-01-04 True M001150 Rep. Miller, Candice S. [R-MI-10] Candice Miller R MI S. 10 2005-01-04 True H000676 Rep. Hoekstra, Peter [R-MI-2] PETER HOEKSTRA R MI 2 2005-01-04 True C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 2005-01-04 True K000009 Rep. Kaptur, Marcy [D-OH-9] MARCY KAPTUR D OH 9 2005-01-04 True M000312 Rep. McGovern, James P. [D-MA-3] JAMES MCGOVERN D MA P. 3 2005-01-04 True T000459 Rep. Terry, Lee [R-NE-2] LEE TERRY R NE 2 2005-01-04 True M001138 Rep. Manzullo, Donald A. [R-IL-16] DONALD MANZULLO R IL 16 2005-01-06 False B001243 Rep. Blackburn, Marsha [R-TN-7] Marsha Blackburn R TN 7 2005-01-06 False S000510 Rep. Smith, Adam [D-WA-9] ADAM SMITH D WA 9 2005-01-25 False P000587 Rep. Pence, Mike [R-IN-6] MIKE PENCE R IN 6 2005-01-25 False S001143 Rep. Souder, Mark E. [R-IN-3] MARK SOUDER R IN EDWARD 3 2005-01-25 False V000081 Rep. Velazquez, Nydia M. [D-NY-12] NYDIA VELAZQUEZ D NY M. 12 2005-01-25 False C000059 Rep. Calvert, Ken [R-CA-44] KEN CALVERT R CA 44 2005-01-25 False S001161 Rep. Schwarz, John J.H. "Joe" [R-MI-7] John Schwarz R MI J.H. "Joe" 7 2005-02-01 False R000487 Rep. Royce, Edward R. [R-CA-40] ED ROYCE R CA 40 2005-02-01 False G000536 Rep. Gutknecht, Gil [R-MN-1] GIL GUTKNECHT R MN 1 2005-02-01 False A000022 Rep. Ackerman, Gary L. [D-NY-5] GARY ACKERMAN D NY L. 5 2005-02-01 False F000444 Rep. Flake, Jeff [R-AZ-6] JEFF FLAKE R AZ 6 2005-02-02 False G000549 Rep. Gerlach, Jim [R-PA-6] Jim Gerlach R PA 6 2005-02-02 False J000082 Rep. Jenkins, William L. [R-TN-1] WILLIAM JENKINS R TN L. 1 2005-02-08 False M000508 Rep. McKeon, Howard P. "Buck" [R-CA-25] HOWARD MCKEON R CA P. 25 2005-02-08 False K000172 Rep. Kildee, Dale E. [D-MI-5] DALE KILDEE D MI E. 5 2005-02-08 False P000585 Rep. Platts, Todd Russell [R-PA-19] TODD PLATTS R PA RUSSELL 19 2005-02-08 False W000795 Rep. Wilson, Joe [R-SC-2] Joe Wilson R SC 2 2005-02-09 False H000807 Rep. Hostettler, John N. [R-IN-8] JOHN HOSTETTLER R IN 8 2005-02-10 False M000087 Rep. Maloney, Carolyn B. [D-NY-14] CAROLYN MALONEY D NY B. 14 2005-02-10 False W000792 Rep. Weiner, Anthony D. [D-NY-9] ANTHONY WEINER D NY D. 9 2005-02-10 False M000639 Rep. Menendez, Robert [D-NJ-13] Robert Menendez D NJ 13 2005-02-15 False G000548 Rep. Garrett, Scott [R-NJ-5] Scott Garrett R NJ 5 2005-02-15 False B000944 Rep. Brown, Sherrod [D-OH-13] Sherrod Brown D OH 13 2005-02-15 False F000447 Rep. Feeney, Tom [R-FL-24] Tom Feeney R FL 24 2005-03-01 False R000577 Rep. Ryan, Tim [D-OH-17] TIM RYAN D OH 17 2005-03-02 False W000794 Rep. Watson, Diane E. [D-CA-33] Diane Watson D CA E. 33 2005-03-02 False F000451 Rep. Fitzpatrick, Michael G. [R-PA-8] Michael Fitzpatrick R PA G. 8 2005-03-02 False K000008 Rep. Kanjorski, Paul E. [D-PA-11] PAUL KANJORSKI D PA E. 11 2005-03-08 False H001033 Rep. Hart, Melissa A. [R-PA-4] MELISSA HART R PA A. 4 2005-03-08 False B001228 Rep. Bono, Mary [R-CA-45] Mary Bono R CA 45 2005-03-08 False G000021 Rep. Gallegly, Elton [R-CA-24] ELTON GALLEGLY R CA 24 2005-03-08 False F000452 Resident Commissioner Fortuno, Luis G. [R-PR-At Large] Luis Fortuno R PR G. 0 2005-03-08 False R000462 Rep. Rothman, Steven R. [D-NJ-9] STEVEN ROTHMAN D NJ R. 9 2005-03-08 False C001052 Rep. Chocola, Chris [R-IN-2] Chris Chocola R IN 2 2005-03-08 False P000258 Rep. Peterson, Collin C. [D-MN-7] COLLIN PETERSON D MN C. 7 2005-03-16 False G000552 Rep. Gohmert, Louie [R-TX-1] Louie Gohmert R TX 1 2005-03-16 False G000309 Rep. Gordon, Bart [D-TN-6] BART GORDON D TN 6 2005-04-12 False 2005-04-15T04:00:00Z H.R. 32, Stop Counterfeiting in Manufactured Goods Act http://www.cbo.gov/publication/16443 <p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 13, 2005</p> 2005-04-15T04:00:00Z H.R. 32, Stop Counterfeiting in Manufactured Goods Act https://www.cbo.gov/publication/16443 Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 13, 2005 Public Law 109-181 Crime and Law Enforcement Administrative procedure Arts, Culture, Religion Commerce Compensation for victims of crime Computer software Deceptive advertising Evidence (Law) Fines (Penalties) Forfeiture Government Operations and Politics Intellectual property Labeling Law Music Packaging Product counterfeiting Science, Technology, Communications Sentencing guidelines Sound recording and reproducing Trademarks U.S. Sentencing Commission Video tape recording Crime and Law Enforcement

00 2005-01-04 Introduced in House 2005-02-19T17:18:12Z Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any article in a defendant's possession bears or is a counterfeit mark, to order the forfeiture and destruction of such article, regardless of whether the defendant is convicted of an offense; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion.

Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging, without deception, of genuine goods or services.]]>

36 2005-05-23 Passed House amended 2005-08-17T14:32:04Z Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) 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.

(Sec. 3) Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of circumvention of copyright protection systems, violating the integrity of copyright management information, or 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.

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35 2006-02-15 Passed Senate amended 2006-04-01T18:09:21Z Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution 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 federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."

Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

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49 2006-03-16 Public Law 2006-04-01T18:07:16Z This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.

Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.

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Stop Counterfeiting in Manufactured Goods Act Short Titles as Introduced Stop Counterfeiting in Manufactured Goods Act Short Titles as Reported to House Stop Counterfeiting in Manufactured Goods Act H House Short Titles as Passed House Stop Counterfeiting in Manufactured Goods Act H House Short Titles as Passed Senate Stop Counterfeiting in Manufactured Goods Act S Senate Short Titles as Enacted Stop Counterfeiting in Manufactured Goods Act Short Titles as Passed Senate for portions of this bill Protecting American Goods and Services Act of 2005 S Senate Short Titles as Enacted for portions of this bill Protecting American Goods and Services Act of 2005 Display Title Stop Counterfeiting in Manufactured Goods Act Official Title as Introduced To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks. 2889 109 SAMDT In the nature of a substitute. 2022-02-03T05:32:06Z 2006-02-15 Amendment SA 2889 agreed to in Senate by Unanimous Consent. SA 2889 https://www.congress.gov/amendment/109th-congress/senate-amendment/2889 S000709 Sen. Specter, Arlen [R-PA] ARLEN SPECTER R PA 2006-02-15T05:00:00Z 2006-02-15T05:00:00Z Senate 109 HR House H 32 Stop Counterfeiting in Manufactured Goods Act 2023-01-31T21:11:41Z 6 2006-02-15 0 Senate Amendment SA 2889 agreed to in Senate by Unanimous Consent. Floor 2006-02-15 0 Senate Amendment SA 2889 proposed by Senator Frist for Senator Specter. (consideration: CR S1369-1370; text: CR S1370) In the nature of a substitute. Floor 2006-02-15 Senate amendment proposed (on the floor): Amendment SA 2889 proposed by Senator Frist for Senator Specter.(consideration: CR S1369-1370; text: CR S1370) Floor 93000 9 Library of Congress 2006-02-15 Senate amendment agreed to: Amendment SA 2889 agreed to in Senate by Unanimous Consent. Floor 94000 9 Library of Congress 2006-02-15 Senate amendment submitted Floor 91000 9 Library of Congress Enrolled Bill Engrossed Amendment Senate 2006-02-16T05:00:00Z Referred in Senate 2005-05-24T04:00:00Z Engrossed in House 2005-05-23T04:00:00Z Reported in House 2005-05-03T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr32rh/xml/BILLS-109hr32rh.xml Introduced in House 2005-01-04T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr32ih/xml/BILLS-109hr32ih.xml 2006-03-17T04:59:59Z Public Law 2006-03-16 Became Public Law No: 109-181. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.