Page:United States Statutes at Large Volume 120.djvu/317

 120 STAT. 286 Courts.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–181—MAR. 16, 2006

‘‘(b)(1) The following property shall be subject to forfeiture to the United States and no property right shall exist in such property: ‘‘(A) Any article bearing or consisting of a counterfeit mark used in committing a violation of subsection (a). ‘‘(B) Any property used, in any manner or part, to commit or to facilitate the commission of a violation of subsection (a). ‘‘(2) The provisions of chapter 46 of this title relating to civil forfeitures, including section 983 of this title, shall extend to any seizure or civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States, shall order that any forfeited article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law. ‘‘(3)(A) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States— ‘‘(i) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense; ‘‘(ii) any of the person’s property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense; and ‘‘(iii) any article that bears or consists of a counterfeit mark used in committing the offense. ‘‘(B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. Notwithstanding section 413(h) of that Act, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed. ‘‘(4) When a person is convicted of an offense under this section, the court, pursuant to sections 3556, 3663A, and 3664, shall order the person to pay restitution to the owner of the mark and any other victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii). ‘‘(5) The term ‘victim’, as used in paragraph (4), has the meaning given that term in section 3663A(a)(2).’’. (3) Subsection (e)(1) is amended— (A) by striking subparagraph (A) and inserting the following: ‘‘(A) a spurious mark— ‘‘(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; ‘‘(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;

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