9-68.000 - Trademark Counterfeiting

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9-68.100 - Introduction

This chapter focuses on the investigation and prosecution of trademark counterfeiting (18 U.S.C. § 2320). Supervisory responsibility for prosecutions brought under 18 U.S.C. § 2320 rests with the Computer Crimes and Intellectual Property Section of the Criminal Division. Approval authority for all RICO prosecutions rests with the Violent Crime and Racketeering Section of the Criminal Division. See JM Chapter 9-110.000 (RICO). Investigative responsibility for complaints of trademark counterfeiting rests with the Federal Bureau of Investigation. Cases involving importation of infringing articles may also be investigated by the United States Customs Service.

Prior authorization from the Criminal Division is not required for initiating prosecutions under 18 U.S.C. § 2320. However, insofar as applicable civil and criminal statutes have been subject to frequent revision, and criminal trademark violations may often involve other violations of Federal criminal laws that protect intellectual property rights, United States Attorneys are encouraged to consult with the Computer Crimes and Intellectual Property Section on such matters.

[updated January 2020]

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9-68.150 - Trademark Counterfeiting— Reporting Requirements

Section 2320(e), as amended by the Anticounterfeiting Consumer Protection Act of 1996, requires the Attorney General to provide Congress with detailed information concerning investigations and prosecutions under the criminal intellectual property statutes, 18 U.S.C. §§ 2318, 2319, 2319A, and 2320.

[updated January 2020]