Trademark Counterfeiting Act of 1984 - Amends the Federal criminal code to establish penalties of up to five years' imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation or other legal entity) for trafficking or attempting to traffic in counterfeit goods or services.
Provides that a defendant who traffics in goods or services that are alleged to be counterfeit shall be immune from civil or criminal liability established by this Act if adequate labeling and adequate notice to the trademark registrant were provided.
Permits any injured owner of a mark registered on the principal register of the U.S. Patent and Trademark Office to sue for either treble claimant's damages or treble defendant's profits, whichever is greater, and costs in Federal district court. Permits the United States Olympic Committee to bring such an action.
Authorizes the court to issue appropriate orders including: (1) temporary restraining orders on notice to the defendant; (2) ex parte temporary restraining orders; and (3) ex parte orders for the seizure of counterfeit goods.
Establishes procedures for an ex parte seizure order.
Provides that if a court finds goods to be counterfeit in either a criminal or civil case, it may, after reasonable notice to the U.S. attorney, order the goods destroyed.
Allows punitive damages to a defendant in a civil action when a cause of action is brought in bad faith.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary requested executive comment from Office of the U.S. Attorney General.
Referred to Subcommittee on Patents, Copyrights and Trademarks.
Subcommittee on Patents, Copyrights and Trademarks. Hearings held. Hearings printed: S.Hrg. 98-541.
Committee on Judiciary received executive comment from Office of the U.S. Attorney General.
Subcommittee on Patents, Copyrights and Trademarks. Approved for full committee consideration with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-526.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-526.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 1005.
Measure laid before Senate by unanimous consent.
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Passed Senate with amendments by Voice Vote.
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Crime.
Provisions Concerning Trademark Counterfeiting Contained in H.J.Res.648.
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