3.0.0 1699 2023-01-13T04:49:36Z 2023-01-13T04:49:36Z Senate S S 2005-09-14 109 ssju00 Judiciary Committee Senate Standing Reported by 2005-11-03T22:15:07Z Markup by 2005-11-03T18:57:56Z Referred to 2005-09-14T21:30:54Z Stop Counterfeiting in Manufactured Goods Act 109 32 HR 2006-03-16 Became Public Law No: 109-181. Related bill CRS Related bill House 2005-11-14 19:16:07 Held at the desk. Floor H15000 2 House floor actions 2005-11-14 Senate Message on Senate action sent to the House. Floor 2005-11-14 18:02:03 Received in the House. Floor H14000 2 House floor actions 2005-11-10 Senate Passed Senate with an amendment by Unanimous Consent. (consideration: CR S12714-12718; text as passed Senate: CR S12714-12715) Floor 2005-11-10 Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S12714-12718; text as passed Senate: CR S12714-12715) Floor 17000 9 Library of Congress 2005-11-07 Senate Star Print ordered on the bill, as reported. Floor 2005-11-03 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 278. Calendars 2005-11-03 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Specter with an amendment. Without written report. Committee 2005-11-03 Committee on the Judiciary. Reported by Senator Specter with an amendment. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2005-11-03 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment favorably. Committee 2005-09-14 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2005-09-14 Sponsor introductory remarks on measure. (CR S10044) IntroReferral B00100 9 Library of Congress 2005-09-14 Introduced in Senate IntroReferral 10000 9 Library of Congress S000709 Sen. Specter, Arlen [R-PA] ARLEN SPECTER R PA N L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2005-09-14 True H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2005-09-14 True D000294 Sen. DeWine, Mike [R-OH] MICHAEL DEWINE R OH 2005-09-14 True C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2005-09-14 True B000953 Sen. Brownback, Sam [R-KS] SAM BROWNBACK R KS 2005-09-14 True V000126 Sen. Voinovich, George V. [R-OH] GEORGE VOINOVICH R OH V. 2005-09-14 True F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. 2005-09-14 True L000261 Sen. Levin, Carl [D-MI] CARL LEVIN D MI MILTON 2005-09-14 True B001233 Sen. Bayh, Evan [D-IN] EVAN BAYH D IN 2005-09-14 True R000122 Sen. Reed, Jack [D-RI] John Reed D RI F. 2005-09-14 True S000770 Sen. Stabenow, Debbie [D-MI] Debbie Stabenow D MI 2005-09-14 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2005-10-05 False K000352 Sen. Kyl, Jon [R-AZ] Jon Kyl R AZ Llewellyn 2005-10-28 False C000560 Sen. Coburn, Tom [R-OK] TOM COBURN R OK 2005-11-03 False F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2005-11-03 False A000360 Sen. Alexander, Lamar [R-TN] Lamar Alexander R TN 2005-11-07 False 2005-11-10T06:00:00Z S. 1699, Stop Counterfeiting in Manufactured Goods Act http://www.cbo.gov/publication/17465 <p>Cost estimate for the bill as reported by the Senate Committee on the Judiciary on November 3, 2005</p> 2005-11-10T06:00:00Z S. 1699, Stop Counterfeiting in Manufactured Goods Act https://www.cbo.gov/publication/17465 Cost estimate for the bill as reported by the Senate Committee on the Judiciary on November 3, 2005 H.R.32 https://www.congress.gov/bill/109th-congress/house-bill/32 Crime and Law Enforcement Administrative procedure Commerce Counterfeiting Emblems Forfeiture Government Operations and Politics Intellectual property Labeling Law Packaging Sentencing guidelines Signs and symbols Trademarks U.S. Sentencing Commission Crime and Law Enforcement 00 2005-09-14 Introduced in Senate 2005-10-05T20:20:01Z Stop Counterfeiting in Manufactured Goods Act - 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.

Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of 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.

]]> 35 2005-11-10 Passed Senate amended 2006-03-27T20:23:52Z Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) Amends 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. Makes code provisions regarding civil forfeitures, including general rules for civil forfeiture proceedings, applicable to any seizure or civil forfeiture under this section. 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 the use of which is likely to cause confusion, to cause 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 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.

]]> Stop Counterfeiting in Manufactured Goods Act Display Title Stop Counterfeiting in Manufactured Goods Act Official Title as Introduced A bill to amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks. Introduced in Senate IS Short Titles as Reported to Senate Stop Counterfeiting in Manufactured Goods Act S Senate Short Titles as Passed Senate Stop Counterfeiting in Manufactured Goods Act S Senate Short Titles as Introduced Stop Counterfeiting in Manufactured Goods Act Engrossed in Senate 2005-11-10T05:00:00Z Reported to Senate 2005-11-03T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s1699rs/xml/BILLS-109s1699rs.xml Introduced in Senate 2005-09-14T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s1699is/xml/BILLS-109s1699is.xml 2005-11-14 Held at the desk. 19:16:07 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.