Uncovering Enhanced Trademark Protections In The NDAA

Law360, New York (March 6, 2012, 1:07 PM EST) -- The annual National Defense Authorization Act is usually only of interest to lobbyists and defense contractors — not intellectual property lawyers. Surprisingly, however, the 2012 bill[1] included significant changes to the criminal enforcement of trademark infringement.

Section 818 of the massive bill changed 18 U.S.C. §2320, which covers trafficking in counterfeit goods.[2] As rewritten, the new statute covers those who intentionally traffic in goods using a counterfeit mark, or attempt or conspire in such trafficking.[3] So while the old statute covered intentional and attempted counterfeiting, the...
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