ACCESS CONTROLS | |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.A.2.b. | Circumvention vs. Trafficking in Circumvention Tools |
V.A.3. | Differences Between the DMCA and Traditional Copyright Law |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.c. | To a Copyrighted Work |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
V.B.2. | Trafficking in Access Control Circumvention Tools and Services17 U.S.C. §§ 1201(a)(2) and 1204 |
V.B.2.a. | Trafficking |
V.B.2.b. | In a Technology, Product, Service, or Part Thereof |
V.B.2.c. | Purpose or Marketing of Circumvention Technology |
V.B.2.c.1. | Primarily Designed or Produced |
V.B.2.c.2. | Limited Commercially Significant Purpose Other Than Circumvention |
V.B.2.c.3. | Knowingly Marketed for Circumvention |
V.C.2. | Librarian of Congress Regulations |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
V.C.6. | Encryption Research |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
V.C.10.b.i. | Facial Challenges |
V.C.10.b.ii. | "As Applied" First Amendment Challenges to the DMCA |
VIII.C.1.h. | Decryption or Circumvention of Access Controls Increases the Offense LevelU.S.S.G. § 3B1.3 |
ACCESSIBLE TO MEMBERS OF THE PUBLIC | |
II.B. | Elements |
II.B.3.c. | Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution |
II.B.3.c.ii. | Making the Work Available on a Computer Network Accessible to Members of the Public |
ACTUAL CONFUSION | |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
ACTUAL DISSEMINATION | |
II.B.3.a.ii. | Distribution |
II.B.3.c.i. | Distribution |
ACTUAL LOSS | |
VIII.C.2.c.i. | Use Greater of Actual or Intended Loss |
VIII.C.2.c.iii. | Methods of Calculating Loss |
ADMINISTRATIVE FORFEITURE | |
VIII.E.2.a. | Administrative Forfeiture Proceedings |
VIII.E.2.b. | Civil and Criminal Proceedings |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.3. | Choosing a Forfeiture Procedure |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
see also FORFEITURE |
ADVICE OF COUNSEL DEFENSE | |
IV.C.4. | Advice of Counsel |
IV.C.5. | Claim of RightPublic Domain and Proprietary Rights |
see also IGNORANCE OF THE LAW |
AFFIRMATIVE DEFENSES | |
II.B. | Elements |
II.C.4.b. | Affirmative Defense or Part of the Government's Case-in-Chief? |
III.C.4. | Lanham Act Defenses |
III.C.5. | Statute of Limitations |
V.C.10.d. | Fair Use |
AFFIXED | |
III.B.4.a. | Definition of Counterfeit Mark Generally: Not Genuine or Authentic |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
VI.B. | Elements |
VI.B.1. | The Defendant Acted "Knowingly" |
VI.B.2. | The Defendant Trafficked |
VI.B.3. | Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work, |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.B.5. | Federal Jurisdiction |
VI.E.4. | Forfeiture |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
AIDING OR ABETTING | |
II.C.4.d. | Special Rules for Rental, Lease, and Lending |
II.E.2. | Sentencing Guidelines |
III.B.3.b.i. | General Definition |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.e. | Use of the Counterfeit Mark "On or In Connection With" Goods or Services |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.E.5. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
VI.D.1. | Electronic Copies of Labels, Documentation, or Packaging |
VI.F. | Other Criminal Charges to Consider |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
APPLICABLE PATENTS | |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
ARCHIVAL EXCEPTION | |
II.A.6. | The Rights Protected by Copyright |
II.C.4.a. | Operation of the Doctrine |
II.C.6. | "Archival Exception" for Computer Software17 U.S.C. § 117 |
ATTORNEYS' FEES | |
II.A.5. | When Copyright Protection Begins and Ends |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
VIII.D.3. | Determining a Restitution Figure |
VIII.E.3. | Choosing a Forfeiture Procedure |
IX.B.2. | The Nature and Seriousness of the Offense |
IX.D. | The Adequacy of Alternative Non-Criminal Remedies |
X.B.3.a. | Private Civil Remedies |
AUDIOVISUAL RECORDING DEVICE | |
II.E.2. | Sentencing Guidelines |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
AUTHORIZED-USE DEFENSE | |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.C.2. | Authorized-Use DefenseGray Market Goods |
AUTOMOBILE AND AIRLINE PARTS | |
I.A. | Why Is Intellectual Property Enforcement Important? |
BERNE CONVENTION IMPLEMENTATION ACT OF 1988 (BCIA) | |
II.B.1.f. | Copyright Notice |
V.A.1. | DMCA's Background and Purpose |
BOAT HULLS | |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
BOOTLEGGING | |
I.A. | Why Is Intellectual Property Enforcement Important? |
II.E.2. | Sentencing Guidelines |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.F. | Other Criminal Charges to Consider |
VIII.C.1. | Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4.a. | Proceeds |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
X.B.3.a. | Private Civil Remedies |
BUSINESS ORGANIZATIONS | |
IV.B.4. | Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent |
IX.E. | Special Considerations in Deciding Whether to Charge Corporations and Other Business Organizations |
CABLE AND SATELLITE SERVICE | |
II.B.4.b. | Legal Standard |
II.E.2. | Sentencing Guidelines |
VIII.C.1. | Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.iii. | Retail Value |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
CAMCORDING | |
II.E.2. | Sentencing Guidelines |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
CASH | |
II.B.2.a. | Legal Standard |
X.C.1.a. | Applicable Law |
X.C.1.b.iii. | Cash |
X.C.1.c.iii. | Acceptance of Gifts |
CERTIFICATION MARKS | |
II.E.2. | Sentencing Guidelines |
III. | Trafficking In Counterfeit Trademarks, Service Marks, and Certification Marks18 U.S.C. § 2320 |
III.A.1. | Overview of the Chapter |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
III.F. | Other Charges to Consider |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E. | Forfeiture |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
CHILDREN | |
II.B.3.b.i. | Generally |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
V.C.6. | Encryption Research |
VIII.C.1.c.iii. | Retail Value |
CHIP UNITS | |
I.C. | Why Criminal Enforcement? |
IX.B.1. | Federal Law Enforcement Priorities |
CIRCUMVENTION | |
IV.C.6. | The First Amendment |
V.A.1. | DMCA's Background and Purpose |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.A.2.b. | Circumvention vs. Trafficking in Circumvention Tools |
V.A.3. | Differences Between the DMCA and Traditional Copyright Law |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
V.B. | Elements of Anti-Circumvention and Anti-Trafficking Provisions |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.c. | To a Copyrighted Work |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
V.B.2. | Trafficking in Access Control Circumvention Tools and Services17 U.S.C. §§ 1201(a)(2) and 1204 |
V.B.2.a. | Trafficking |
V.B.2.b. | In a Technology, Product, Service, or Part Thereof |
V.B.2.c. | Purpose or Marketing of Circumvention Technology |
V.B.2.c.1. | Primarily Designed or Produced |
V.B.2.c.2. | Limited Commercially Significant Purpose Other Than Circumvention |
V.B.2.c.3. | Knowingly Marketed for Circumvention |
V.B.3. | Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204 |
V.B.3.a. | Circumventing |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
V.B.5. | Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202 |
V.C. | Defenses |
V.C.2. | Librarian of Congress Regulations |
V.C.3. | Certain Nonprofit Entities |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
V.C.6. | Encryption Research |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
V.C.10.b.i. | Facial Challenges |
V.C.10.b.ii. | "As Applied" First Amendment Challenges to the DMCA |
V.C.10.c. | Vagueness |
V.C.10.d. | Fair Use |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.C.1.h. | Decryption or Circumvention of Access Controls Increases the Offense LevelU.S.S.G. § 3B1.3 |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
COLLECTIVE MARKS | |
III.A.1. | Overview of the Chapter |
COMMERCE CLAUSE see INTERSTATE AND FOREIGN COMMERCE |
COMMERCIAL ADVANTAGE see PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN |
COMMERCIAL ECONOMIC ESPIONAGE see ECONOMIC ESPIONAGE |
COMMERCIAL SPEECH | |
V.B.2.c.3. | Knowingly Marketed for Circumvention |
COMPUTER FRAUD ABUSE ACT OF 1986 | |
V.C.6. | Encryption Research |
COMPUTER HACKING AND INTELLECTUAL PROPERTY (CHIP) COORDINATORS see CHIP UNITS |
COMPUTER NETWORKS | |
II. | Criminal Copyright Infringement17 U.S.C. § 506 and 18 U.S.C. § 2319 |
II.A.7. | When Infringement is Criminal |
II.B. | Elements |
II.B.3. | Infringement of the Copyright |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.3.c. | Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution |
II.B.3.c.i. | Distribution |
II.B.3.c.ii. | Making the Work Available on a Computer Network Accessible to Members of the Public |
V.C.4. | Information Security Exemption |
V.C.9. | Security Testing |
VIII.C.1.c.v. | Cross-Reference to Loss Table in U.S.S.G. § 2B1.1 |
X.C.1.b.i. | Assistance from Victims and Related Parties |
CONSCIOUS AVOIDANCE | |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
VI.B.1. | The Defendant Acted "Knowingly" |
CONSPIRACY | |
II.B.3.a.ii. | Distribution |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.C.2. | Jurisdiction |
II.C.3. | Venue |
II.C.4.d. | Special Rules for Rental, Lease, and Lending |
II.E.2. | Sentencing Guidelines |
III.B.3.b.i. | General Definition |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
III.B.4.e. | Use of the Counterfeit Mark "On or In Connection With" Goods or Services |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.B.6. | Venue |
III.D.7. | Units of Prosecution |
III.E.5. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
IV.B.1. | Overview |
IV.B.3. | Elements Common to 18 U.S.C. §§ 1831, 1832 |
IV.B.3.a.i. | Generally |
IV.B.3.a.ii. | Employee's General Knowledge, Skill, or Abilities Not Covered |
IV.B.3.a.vi. | Disclosure's Effects |
IV.B.3.b.v. | Mere Risk of Misappropriation Not Prosecutable, But Attempts and Conspiracies Are |
IV.B.6. | Attempts and Conspiracies, Including the Impossibility Defense |
IV.C.6. | The First Amendment |
VI.D.1. | Electronic Copies of Labels, Documentation, or Packaging |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VI.F. | Other Criminal Charges to Consider |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.C.2.a. | Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies |
VIII.C.2.c.iii. | Methods of Calculating Loss |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
CONTRABAND | |
III.B.3.b.iii. | Making and Obtaining Counterfeits vs. Possession with Intent to Traffic |
VI.B.2. | The Defendant Trafficked |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
COOKIE FILES | |
V.C.6. | Encryption Research |
COPY CONTROLS | |
IV.B.3.a.vi. | Disclosure's Effects |
IV.C.6. | The First Amendment |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.A.2.b. | Circumvention vs. Trafficking in Circumvention Tools |
V.A.3. | Differences Between the DMCA and Traditional Copyright Law |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.3. | Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204 |
V.B.3.a. | Circumventing |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
V.B.4. | Alternate § 1201(b) ActionTrafficking in Certain Analog Videocassette Recorders and Camcorders |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
V.C.10.c. | Vagueness |
V.C.10.d. | Fair Use |
VIII.C.1.h. | Decryption or Circumvention of Access Controls Increases the Offense LevelU.S.S.G. § 3B1.3 |
COPYRIGHT see generally Chapter II see also | |
I.A. | Why Is Intellectual Property Enforcement Important? |
I.B. | What Is Intellectual Property? |
I.C. | Why Criminal Enforcement? |
III.B.3.b.i. | General Definition |
III.B.4.c. | The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register |
III.F. | Other Charges to Consider |
IV.B.3.a.iv. | Novelty |
IV.B.3.a.vi. | Disclosure's Effects |
IV.C.2. | Reverse Engineering |
IV.F. | Other Possible Charges |
V. | Digital Millennium Copyright Act17 U.S.C. §§ 1201-1205 |
V.A.1. | DMCA's Background and Purpose |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.A.2.b. | Circumvention vs. Trafficking in Circumvention Tools |
V.A.3. | Differences Between the DMCA and Traditional Copyright Law |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.c. | To a Copyrighted Work |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
V.B.2. | Trafficking in Access Control Circumvention Tools and Services17 U.S.C. §§ 1201(a)(2) and 1204 |
V.B.2.c.1. | Primarily Designed or Produced |
V.B.3. | Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204 |
V.B.3.a. | Circumventing |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
V.B.4. | Alternate § 1201(b) ActionTrafficking in Certain Analog Videocassette Recorders and Camcorders |
V.B.5. | Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202 |
V.C.4. | Information Security Exemption |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
V.C.6. | Encryption Research |
V.C.9. | Security Testing |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
V.C.10.b.ii. | "As Applied" First Amendment Challenges to the DMCA |
V.C.10.c. | Vagueness |
V.C.10.d. | Fair Use |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B. | Elements |
VI.B.1. | The Defendant Acted "Knowingly" |
VI.B.3. | Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work, |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.B.5. | Federal Jurisdiction |
VI.D.2. | Advantages of Charging a § 2318 Offense |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VI.E.5.b. | Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items |
VI.F. | Other Criminal Charges to Consider |
VII.A. | Overview of Patent |
VIII.C.1. | Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.c.v. | Cross-Reference to Loss Table in U.S.S.G. § 2B1.1 |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.C.1.f. | Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)] |
VIII.C.1.i. | Upward Adjustment for Harm to Copyright- or Mark-Owner's Reputation, Connection with Organized Crime, or Other Unspecified Grounds |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
VIII.D.3. | Determining a Restitution Figure |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.2.a. | Administrative Forfeiture Proceedings |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4. | Civil Forfeiture in IP Matters |
VIII.E.4.a. | Proceeds |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.4.c.ii. | Victims' Ability to Forfeit Property |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
IX.C. | Whether the Person is Subject to Prosecution in Another Jurisdiction |
IX.D. | The Adequacy of Alternative Non-Criminal Remedies |
X. | Victims of Intellectual Property CrimesEthics and Obligations |
X.B.3.a. | Private Civil Remedies |
X.C.1.b.i. | Assistance from Victims and Related Parties |
X.C.1.b.iv. | Storage Costs in Counterfeit or Infringing Products Cases |
COPYRIGHT ACT OF 1976 | |
II.A.4. | Federal Preemption |
II.C.1. | Statute of Limitations: 5 years |
COPYRIGHT MANAGEMENT INFORMATION | |
II.E.2. | Sentencing Guidelines |
V.A.1. | DMCA's Background and Purpose |
V.B.5. | Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202 |
COPYRIGHT NOTICE | |
II.B.1.b. | Copyrights vs. Registrations vs. Certificates |
II.B.1.f. | Copyright Notice |
II.B.2.b. | Proof at Trial |
V.B.5. | Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202 |
COPYRIGHT PROTECTION SYSTEMS | |
V.A.1. | DMCA's Background and Purpose |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
COPYRIGHT TREATY | |
V.A.1. | DMCA's Background and Purpose |
COPYRIGHTABILITY | |
II.B.1.a. | Copyrightability |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
COST OF REPAIRS | |
VIII.C.2.c.iii. | Methods of Calculating Loss |
COUNTERFEIT DOCUMENTATION AND PACKAGING | |
II.E.2. | Sentencing Guidelines |
VI. | Counterfeit and Illicit Labels, and Counterfeit Documentation and Packaging -- 18 U.S.C. § 2318 |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B.3. | Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work, |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
COUNTERFEIT GOODS OR SERVICES | |
I.A. | Why Is Intellectual Property Enforcement Important? |
II.B.4.b. | Legal Standard |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
III.B.3.b.i. | General Definition |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
III.B.6. | Venue |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.D.1. | High-Quality and Low-Quality Counterfeits |
III.D.2. | Counterfeit Goods with Genuine Trademarks |
III.D.7. | Units of Prosecution |
VI.B.2. | The Defendant Trafficked |
VI.E.5.b. | Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
IX.B.2. | The Nature and Seriousness of the Offense |
COUNTERFEIT LABELS see generally Chapter VI see also | |
II.E.2. | Sentencing Guidelines |
III.B.1. | The Trademark Counterfeiting Crime in General |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.D.7. | Units of Prosecution |
III.E.5. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
VIII.C.1. | Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.E.4.a. | Proceeds |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
X.B.3.a. | Private Civil Remedies |
COUNTERFEIT MARKS see generally Chapter III see also | |
I.B. | What Is Intellectual Property? |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B.2. | The Defendant Trafficked |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.3. | Determining a Restitution Figure |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4. | Civil Forfeiture in IP Matters |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.a. | Proceeds |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
X.B.3.a. | Private Civil Remedies |
COUNTERFEIT PHARMACEUTICALS | |
VIII.C.1.j. | Vulnerable VictimsU.S.S.G. § 3A1.1(b) |
COUNTERFEIT TRADEMARKS see generally Chapter III see also | |
II.E.2. | Sentencing Guidelines |
III. | Trafficking In Counterfeit Trademarks, Service Marks, and Certification Marks18 U.S.C. § 2320 |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.6. | Venue |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.C.3. | Repackaging Genuine Goods |
III.C.5. | Statute of Limitations |
III.D.7. | Units of Prosecution |
III.E.5. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.E.5.b. | Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
VIII.E. | Forfeiture |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.4.c.ii. | Victims' Ability to Forfeit Property |
CRIMINAL FORFEITURE see FORFEITURE |
CRIMINAL SUBPOENAS | |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
CUSTOMER LISTS | |
IV.A. | Introduction |
IV.B.3.a.i. | Generally |
IV.B.3.a.viii. | Independent Economic Value |
DE MINIMIS NON CURAT LEX | |
IX.B.2. | The Nature and Seriousness of the Offense |
DECALS | |
VI.D.1. | Electronic Copies of Labels, Documentation, or Packaging |
DECRYPTION | |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
V.C.10.b.ii. | "As Applied" First Amendment Challenges to the DMCA |
VIII.C.1.h. | Decryption or Circumvention of Access Controls Increases the Offense LevelU.S.S.G. § 3B1.3 |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
see also ENCRYPTION |
DEEP LINKS | |
V.B.2.a. | Trafficking |
DELIBERATE IGNORANCE | |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
VI.B.1. | The Defendant Acted "Knowingly" |
DEPOSITIONS | |
IV.B.3.a.iii. | Specification of Trade Secrets |
IV.D.2. | Confidentiality and the Use of Protective Orders |
VIII.E.3. | Choosing a Forfeiture Procedure |
DERIVATIVE WORKS | |
I.B. | What Is Intellectual Property? |
II.A.6. | The Rights Protected by Copyright |
II.B.1.d.iii. | Registration of Particular Versions of a Work |
II.B.3. | Infringement of the Copyright |
II.C.5. | Fair Use |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
DIGITAL AUDIO TRANSMISSION | |
II.A.6. | The Rights Protected by Copyright |
II.B.5. | Misdemeanor Copyright Infringement |
DIGITAL IMAGE FILES | |
VI.D.1. | Electronic Copies of Labels, Documentation, or Packaging |
DIGITAL LOCKS | |
V.A.1. | DMCA's Background and Purpose |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) see generally Chapter V see also | |
II.B.3.a.ii. | Distribution |
II.E.2. | Sentencing Guidelines |
VIII.C.1. | Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.C.1.c.iii. | Retail Value |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4. | Civil Forfeiture in IP Matters |
VIII.E.5. | Criminal Forfeiture in IP Matters |
X.B.3.a. | Private Civil Remedies |
DISCLOSING GOVERNMENT TRADE SECRETS | |
IV.F. | Other Possible Charges |
DISCLOSURES TO THE GOVERNMENT | |
IV.B.3.a.vi. | Disclosure's Effects |
DISTANCE LEARNING | |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
DMCA see DIGITAL MILLENNIUM COPYRIGHT ACT |
DONATED RESOURCES | |
X.C. | Offers of Assistance From Victims and Related Parties |
X.C.3. | Strategic and Case-Related Issues |
E-BOOKS | |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
ECONOMIC ESPIONAGE | |
II.E.2. | Sentencing Guidelines |
IV.A. | Introduction |
IV.B. | The Economic Espionage Act of 1996, 18 U.S.C. §§ 1831-1839 |
IV.B.1. | Overview |
IV.B.3.a.vi. | Disclosure's Effects |
IV.B.3.b.ii. | Memorization Included |
IV.B.5.a. | Economic Benefit to a Third Party |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
IV.B.6. | Attempts and Conspiracies, Including the Impossibility Defense |
IV.E.1.a. | Imprisonment and Fines |
VIII.C. | Sentencing Guidelines |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.2. | Offenses Involving the Economic Espionage Act |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4. | Civil Forfeiture in IP Matters |
VIII.E.5.a. | Proceeds |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
ECONOMIC ESPIONAGE SPONSORED BY A FOREIGN GOVERNMENT | |
IV.E.1.a. | Imprisonment and Fines |
ELECTRONIC TRANSMISSION OF A GENUINE CERTIFICATE | |
VI.D.1. | Electronic Copies of Labels, Documentation, or Packaging |
EMOTIONAL HARM | |
VIII.C.2.f. | Upward Departure ConsiderationsU.S.S.G. § 2B1.1 cmt. n.19(A) |
EMULATORS | |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
ENCRYPTION | |
IV.A. | Introduction |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.2.c.1. | Primarily Designed or Produced |
V.B.3.a. | Circumventing |
V.C.6. | Encryption Research |
V.C.10.b.ii. | "As Applied" First Amendment Challenges to the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
see also DECRYPTION |
EPHEMERAL REPRODUCTIONS | |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
ETHICAL CONCERNS | |
X. | Victims of Intellectual Property CrimesEthics and Obligations |
X.B.2. | Ethical Concerns When the Criminal Prosecution Results in an Advantage in a Civil Matter |
X.B.2.a. | Victims Who Seek Advantage By Threats of Criminal Prosecution |
X.B.2.b. | Global Settlement Negotiations |
X.C.1.a. | Applicable Law |
X.C.1.b.iii. | Cash |
X.C.1.b.iv. | Storage Costs in Counterfeit or Infringing Products Cases |
X.C.1.c.i. | Consultative Process for Acceptance of Assistance and Gifts |
X.C.1.c.iii. | Acceptance of Gifts |
X.C.3. | Strategic and Case-Related Issues |
X.C.4. | Help and Advice |
EXPERT WITNESSES | |
IV.B.3.a.iii. | Specification of Trade Secrets |
IV.D.2. | Confidentiality and the Use of Protective Orders |
X.C. | Offers of Assistance From Victims and Related Parties |
X.C.1.b.vi. | Assistance from Private Third Parties |
EXTRADITION | |
IX.B.5. | The Individual's Willingness to Cooperate in the Investigation or Prosecution of Others |
EXTRATERRITORIALITY | |
II.C.2. | Jurisdiction |
IV.B.1. | Overview |
IV.D.3. | Extraterritoriality |
FAIR MARKET VALUE | |
VIII.C.2.c.iii. | Methods of Calculating Loss |
FAIR USE | |
II.A.2. | Legal Basis for Copyright and Related Laws |
II.A.6. | The Rights Protected by Copyright |
II.B.2.a. | Legal Standard |
II.B.3. | Infringement of the Copyright |
II.B.3.a.i. | Reproduction |
II.B.4.a. | History |
II.C.5. | Fair Use |
II.C.5.a. | Unpublished Works |
II.C.5.b. | Fair Use in Criminal Cases |
II.E.2. | Sentencing Guidelines |
V.A.3. | Differences Between the DMCA and Traditional Copyright Law |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
V.C.10.c. | Vagueness |
V.C.10.d. | Fair Use |
FALSE MARKING | |
VII.A. | Overview of Patent |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
FAMILY ENTERTAINMENT AND COPYRIGHT ACT OF 2005 | |
II.B. | Elements |
II.B.1.c. | New Procedure for "Preregistration" |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.3.c. | Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.E.2. | Sentencing Guidelines |
FEDERAL PREEMPTION see PREEMPTION |
FEDERAL REGISTRATION see REGISTRATION |
FINANCIAL GAIN | |
II.A.7. | When Infringement is Criminal |
II.B. | Elements |
II.B.3. | Infringement of the Copyright |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.4. | Additional Element for Enhanced Sentence: Purpose of Commercial Advantage or Private Financial Gain |
II.B.4.a. | History |
II.B.4.b. | Legal Standard |
II.B.5. | Misdemeanor Copyright Infringement |
II.C.5.b. | Fair Use in Criminal Cases |
II.E.1. | Statutory Penalties |
II.E.2. | Sentencing Guidelines |
III.B.3.b.i. | General Definition |
III.B.3.b.iii. | Making and Obtaining Counterfeits vs. Possession with Intent to Traffic |
IV.F. | Other Possible Charges |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.2. | Trafficking in Access Control Circumvention Tools and Services17 U.S.C. §§ 1201(a)(2) and 1204 |
V.B.3. | Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204 |
V.C.10.b.i. | Facial Challenges |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.f. | Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)] |
FIRST AMENDMENT | |
II.C.5. | Fair Use |
IV.C.6. | The First Amendment |
V.B.2.c.3. | Knowingly Marketed for Circumvention |
V.C.10.b. | The First Amendment |
V.C.10.b.i. | Facial Challenges |
V.C.10.b.ii. | "As Applied" First Amendment Challenges to the DMCA |
V.C.10.d. | Fair Use |
FIRST SALE DOCTRINE | |
II.A.2. | Legal Basis for Copyright and Related Laws |
II.B. | Elements |
II.B.3. | Infringement of the Copyright |
II.B.3.a.ii. | Distribution |
II.C.4. | The First Sale Doctrine17 U.S.C. § 109 |
II.C.4.a. | Operation of the Doctrine |
II.C.4.b. | Affirmative Defense or Part of the Government's Case-in-Chief? |
II.C.4.c. | Disproving First Sale at Trial |
II.C.4.d. | Special Rules for Rental, Lease, and Lending |
II.C.6. | "Archival Exception" for Computer Software17 U.S.C. § 117 |
FIXED IN ANY TANGIBLE MEDIUM OF EXPRESSION see TANGIBLE MEDIUM |
FONT EMBEDDING BITS | |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
FOREIGN AGENTS | |
IV.B.1. | Overview |
IV.B.4. | Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent |
VIII.C.2.d. | Intent to Benefit a Foreign Government, Instrumentality, or Agent -- U.S.S.G. § 2B1.1(b)(5) |
FOREIGN COMMERCE see INTERSTATE AND FOREIGN COMMERCE |
FOREIGN ECONOMIC ESPIONAGE see ECONOMIC ESPIONAGE |
FOREIGN GOVERNMENTS | |
I.B. | What Is Intellectual Property? |
IV.B.1. | Overview |
IV.B.4. | Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent |
IV.E.1.a. | Imprisonment and Fines |
VIII.C.2.d. | Intent to Benefit a Foreign Government, Instrumentality, or Agent -- U.S.S.G. § 2B1.1(b)(5) |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
FOREIGN INSTRUMENTALITY | |
IV.B.1. | Overview |
IV.B.4. | Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent |
VIII.C.2.d. | Intent to Benefit a Foreign Government, Instrumentality, or Agent -- U.S.S.G. § 2B1.1(b)(5) |
FOREIGN LAW ENFORCEMENT AGENCIES | |
IX.B.5. | The Individual's Willingness to Cooperate in the Investigation or Prosecution of Others |
FOREIGN VICTIMS | |
III.F. | Other Charges to Consider |
FOREIGN WORKS | |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
FORFEITURE | |
II.E.2. | Sentencing Guidelines |
III.D.6. | Storage Costs and Destruction |
III.E.4. | Forfeiture |
IV.E.1.b. | Criminal Forfeiture |
VI.E. | Penalties |
VI.E.4. | Forfeiture |
VIII. | Penalties, Restitution, and Forfeiture |
VIII.A. | Introduction |
VIII.E. | Forfeiture |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.2. | Overview of Forfeiture Procedures |
VIII.E.2.a. | Administrative Forfeiture Proceedings |
VIII.E.2.b. | Civil and Criminal Proceedings |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.3. | Choosing a Forfeiture Procedure |
VIII.E.4. | Civil Forfeiture in IP Matters |
VIII.E.4.a. | Proceeds |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.4.c.i. | Generally |
VIII.E.4.c.ii. | Victims' Ability to Forfeit Property |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.a. | Proceeds |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
IX.D. | The Adequacy of Alternative Non-Criminal Remedies |
X.B.3.c. | Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution |
see also ADMINISTRATIVE FORFEITURE |
FORFEITURE AND DESTRUCTION | |
II.E.2. | Sentencing Guidelines |
VI.E.4. | Forfeiture |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
GENERIC LABELS | |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
GIFTS | |
II.B.3.a.ii. | Distribution |
III.C.3. | Repackaging Genuine Goods |
X.C. | Offers of Assistance From Victims and Related Parties |
X.C.1. | Gift Issues |
X.C.1.a. | Applicable Law |
X.C.1.b. | Distinction Between "Assistance" and "Gifts" |
X.C.1.b.i. | Assistance from Victims and Related Parties |
X.C.1.b.ii. | Private Investigators |
X.C.1.b.iii. | Cash |
X.C.1.b.iv. | Storage Costs in Counterfeit or Infringing Products Cases |
X.C.1.b.v. | Resources Donated for Ongoing Use by Law Enforcement |
X.C.1.b.vi. | Assistance from Private Third Parties |
X.C.1.c. | Departmental Procedures for the Solicitation and Acceptance of Gifts and Assistance |
X.C.1.c.i. | Consultative Process for Acceptance of Assistance and Gifts |
X.C.1.c.ii. | Solicitation of Gifts |
X.C.1.c.iii. | Acceptance of Gifts |
X.C.2. | Professional Responsibility Issues |
X.C.3. | Strategic and Case-Related Issues |
X.C.4. | Help and Advice |
GLOBAL SETTLEMENTS see PARALLEL PROCEEDINGS |
GOOD AND BAD FAITH | |
II.B.2.a. | Legal Standard |
II.B.2.b. | Proof at Trial |
II.C.5.b. | Fair Use in Criminal Cases |
II.C.6. | "Archival Exception" for Computer Software17 U.S.C. § 117 |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
III.C.4. | Lanham Act Defenses |
IV.C.4. | Advice of Counsel |
IV.C.5. | Claim of RightPublic Domain and Proprietary Rights |
V.C.6. | Encryption Research |
V.C.9. | Security Testing |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
GOODS AND SERVICES | |
II.E.2. | Sentencing Guidelines |
III.A.1. | Overview of the Chapter |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
III.B.1. | The Trademark Counterfeiting Crime in General |
III.B.3.b.i. | General Definition |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.e. | Use of the Counterfeit Mark "On or In Connection With" Goods or Services |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.D.5. | Mark-Holder's Failure to UseSymbol |
III.D.7. | Units of Prosecution |
VI.B.2. | The Defendant Trafficked |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
IX.B.2. | The Nature and Seriousness of the Offense |
GOVERNMENT TRADE SECRETS | |
IV.F. | Other Possible Charges |
GRAY MARKET GOODS | |
III.C.2. | Authorized-Use DefenseGray Market Goods |
HOME PAGES | |
V.B.2.a. | Trafficking |
IGNORANCE OF THE LAW | |
II.B.2.a. | Legal Standard |
IV.B.3.c. | Knowledge |
ILLICIT LABELS see generally Chapter VI see also | |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.C.4.a. | Operation of the Doctrine |
II.E.2. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4. | Civil Forfeiture in IP Matters |
VIII.E.4.c.ii. | Victims' Ability to Forfeit Property |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
X.B.3.a. | Private Civil Remedies |
IN PERSONAM | |
VIII.E.2.b. | Civil and Criminal Proceedings |
VIII.E.5. | Criminal Forfeiture in IP Matters |
IN REM | |
VIII.E.2.b. | Civil and Criminal Proceedings |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.5. | Criminal Forfeiture in IP Matters |
IN USE | |
III.B.1. | The Trademark Counterfeiting Crime in General |
III.B.4.a. | Definition of Counterfeit Mark Generally: Not Genuine or Authentic |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
INAUTHENTIC LABELS AND MARKS | |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
INDEPENDENT ECONOMIC VALUE | |
I.B. | What Is Intellectual Property? |
IV.B.3.a.i. | Generally |
IV.B.3.a.viii. | Independent Economic Value |
INFORMATION SECURITY | |
V.C.4. | Information Security Exemption |
INJUNCTIONS | |
III.C.4. | Lanham Act Defenses |
IV.B.1. | Overview |
IV.C.6. | The First Amendment |
IV.D.1. | Civil Injunctive Relief for the United States |
IX.B.2. | The Nature and Seriousness of the Offense |
IX.D. | The Adequacy of Alternative Non-Criminal Remedies |
X.B.3.a. | Private Civil Remedies |
INNOCENT OWNER DEFENSE | |
VIII.E.4.c. | Innocent Owner Defense |
VIII.E.4.c.i. | Generally |
INTELLECTUAL CAPITAL | |
I.A. | Why Is Intellectual Property Enforcement Important? |
INTELLECTUAL PROPERTY CLAUSE | |
V.C.10. | Constitutionality of the DMCA |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
INTELLECTUAL PROPERTY PROTECTION AND COURTS AMENDMENT ACT OF 2004 | |
VI.B.3. | Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work, |
INTENT TO DECEIVE | |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
III.C.3. | Repackaging Genuine Goods |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
INTERLOCUTORY APPEAL | |
IV.D.2. | Confidentiality and the Use of Protective Orders |
INTERNAL INVESTIGATIONS | |
VIII.D.3. | Determining a Restitution Figure |
X.C.1.b.i. | Assistance from Victims and Related Parties |
INTERNATIONAL TRANSPORTATION OF STOLEN PROPERTY ACT (ITSP) | |
II.E.2. | Sentencing Guidelines |
IV.F. | Other Possible Charges |
INTERNET PIRACY | |
I.A. | Why Is Intellectual Property Enforcement Important? |
II.B.3.c. | Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution |
II.B.4.a. | History |
II.D. | Special Issues |
INTEROPERABILITY | |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
INTERSTATE AND FOREIGN COMMERCE | |
II.A.2. | Legal Basis for Copyright and Related Laws |
II.E.2. | Sentencing Guidelines |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
IV.B.1. | Overview |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
IV.C.6. | The First Amendment |
IV.F. | Other Possible Charges |
V.C.10. | Constitutionality of the DMCA |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
VI.B. | Elements |
VI.B.5. | Federal Jurisdiction |
VI.B.6. | Venue |
VI.F. | Other Criminal Charges to Consider |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E. | Forfeiture |
X.C.1.b.iv. | Storage Costs in Counterfeit or Infringing Products Cases |
INTERSTATE TRANSPORTATION AND RECEIPT OF STOLEN PROPERTY OR GOODS | |
II.E.2. | Sentencing Guidelines |
IV.A. | Introduction |
IV.F. | Other Possible Charges |
VII.D. | No Prosecution for Interstate Transportation or Receipt of Stolen Property18 U.S.C. §§ 2314, 2315 |
VIII.C.2.c.iii. | Methods of Calculating Loss |
ITSP see INTERNATIONAL TRANSPORTATION OF STOLEN PROPERTY ACT |
JUDICIAL NOTICE | |
II.B.1.e. | Proof of Copyright at Trial |
III.B.4.c. | The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register |
JUSTICE FOR ALL ACT OF 2004 | |
X.A. | Victims' Rights |
KNOWINGLY | |
II.B.2.a. | Legal Standard |
II.E.2. | Sentencing Guidelines |
III.B.1. | The Trademark Counterfeiting Crime in General |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4. | The Defendant Used a "Counterfeit Mark" On or In Connection With Those Goods or Services [after March 16, 2006: or a Counterfeit Mark Was Applied to Labels, Documentation, or Packaging for Those Goods or Services] |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
III.D.7. | Units of Prosecution |
IV.B.1. | Overview |
IV.B.3.c. | Knowledge |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
IV.C.6. | The First Amendment |
IV.F. | Other Possible Charges |
V.B.2.c. | Purpose or Marketing of Circumvention Technology |
V.B.2.c.3. | Knowingly Marketed for Circumvention |
V.B.5. | Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202 |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B. | Elements |
VI.B.1. | The Defendant Acted "Knowingly" |
VI.B.2. | The Defendant Trafficked |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.B.5. | Federal Jurisdiction |
VII.B. | Forgery of Letters Patent18 U.S.C. § 497 |
LANHAM ACT | |
I.B. | What Is Intellectual Property? |
III.B.2. | Relevance of Civil Trademark Law in Criminal Cases |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
III.C.3. | Repackaging Genuine Goods |
III.C.4. | Lanham Act Defenses |
III.C.5. | Statute of Limitations |
III.D.4. | Selling Another's Trademarked Goods As One's Own (Reverse Passing-Off) |
III.E.2. | Imprisonment |
III.E.3. | Restitution |
LEGISLATIVE HISTORY | |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
II.B.3.a.ii. | Distribution |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.B.4.b. | Legal Standard |
II.C.5.a. | Unpublished Works |
II.E.2. | Sentencing Guidelines |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
III.B.2. | Relevance of Civil Trademark Law in Criminal Cases |
III.B.3.a. | Intentionally |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.C.3. | Repackaging Genuine Goods |
III.C.4. | Lanham Act Defenses |
IV.B.3.c. | Knowledge |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
IV.B.6. | Attempts and Conspiracies, Including the Impossibility Defense |
IV.C.1. | Parallel Development |
IV.C.2. | Reverse Engineering |
IV.E.1.b. | Criminal Forfeiture |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
LETTERS PATENT | |
VII.A. | Overview of Patent |
VII.B. | Forgery of Letters Patent18 U.S.C. § 497 |
LIBRARIAN OF CONGRESS | |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
V.C.2. | Librarian of Congress Regulations |
LIBRARIES AND ARCHIVES | |
II.B.3.a.i. | Reproduction |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
V.C.3. | Certain Nonprofit Entities |
LIKELIHOOD OF CONFUSION | |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
LIMITED FEDERAL RESOURCES | |
IX.B.2. | The Nature and Seriousness of the Offense |
LIMITED TIMES | |
II.A.1. | What Copyright Law Protects |
II.A.2. | Legal Basis for Copyright and Related Laws |
II.C.4.c. | Disproving First Sale at Trial |
II.E.2. | Sentencing Guidelines |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
VII.A. | Overview of Patent |
LINUX | |
V.B.2.c.1. | Primarily Designed or Produced |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
LIVE MUSICAL PERFORMANCES | |
II.E.2. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.F. | Other Criminal Charges to Consider |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4. | Civil Forfeiture in IP Matters |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
X.B.3.a. | Private Civil Remedies |
MAIL AND WIRE FRAUD | |
II.E.2. | Sentencing Guidelines |
III.B.4.c. | The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register |
III.F. | Other Charges to Consider |
IV.F. | Other Possible Charges |
VI.F. | Other Criminal Charges to Consider |
VIII.C.1.k. | No Downward Departure for the Victim's Participation in Prosecution |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
MAKING AVAILABLE | |
II.B. | Elements |
II.B.3.a.ii. | Distribution |
II.B.3.c.i. | Distribution |
MANDAMUS | |
IV.D.2. | Confidentiality and the Use of Protective Orders |
X.A. | Victims' Rights |
MANDATORY RESTITUTION | |
III.E.3. | Restitution |
IV.E.1.b. | Criminal Forfeiture |
VI.E.3. | Restitution |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
VIII.D.3. | Determining a Restitution Figure |
see also RESTITUTION |
MANDATORY VICTIMS RESTITUTION ACT OF 1996 (MVRA) | |
IV.E.1.b. | Criminal Forfeiture |
VI.E.3. | Restitution |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VI.E.3. | Restitution |
see also RESTITUTION |
MARKET STRATEGIES | |
I.B. | What Is Intellectual Property? |
MINIMAL NOVELTY | |
IV.B.3.a.iv. | Novelty |
MISAPPROPRIATION | |
IV.B.1. | Overview |
IV.B.3.a.ii. | Employee's General Knowledge, Skill, or Abilities Not Covered |
IV.B.3.a.iii. | Specification of Trade Secrets |
IV.B.3.a.vi. | Disclosure's Effects |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
IV.B.3.b. | Misappropriation |
IV.B.3.b.i. | Types of Misappropriation |
IV.B.3.b.ii. | Memorization Included |
IV.B.3.b.iii. | Lack of Authorization |
IV.B.3.b.iv. | Misappropriation of Only Part of a Trade Secret |
IV.B.3.b.v. | Mere Risk of Misappropriation Not Prosecutable, But Attempts and Conspiracies Are |
IV.B.3.c. | Knowledge |
IV.B.4. | Additional 18 U.S.C. § 1831 Element: Intent to Benefit a Foreign Government, Foreign Instrumentality, or Foreign Agent |
IV.B.5.a. | Economic Benefit to a Third Party |
IV.B.5.b. | Intent to Injure the Owner of the Trade Secret |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
IV.B.6. | Attempts and Conspiracies, Including the Impossibility Defense |
IV.C.1. | Parallel Development |
IV.C.2. | Reverse Engineering |
IV.C.4. | Advice of Counsel |
IV.C.5. | Claim of RightPublic Domain and Proprietary Rights |
IV.C.6. | The First Amendment |
IV.E.1.b. | Criminal Forfeiture |
IV.F. | Other Possible Charges |
VIII.C.2.a. | Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies |
VIII.C.2.c. | LossU.S.S.G. § 2B1.1(b)(1) |
VIII.C.2.c.iii. | Methods of Calculating Loss |
VIII.C.2.i. | Use of Special SkillU.S.S.G. § 3B1.3 |
VIII.D. | Restitution |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
IX.C. | Whether the Person is Subject to Prosecution in Another Jurisdiction |
MISAPPROPRIATION OF A TRADE SECRET | |
IV.B.1. | Overview |
MISBRANDED FOOD, DRUGS, AND COSMETICS | |
III.C.3. | Repackaging Genuine Goods |
III.F. | Other Charges to Consider |
VIII.C.1.j. | Vulnerable VictimsU.S.S.G. § 3A1.1(b) |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
MISLABELED WOOL, FUR, AND TEXTILE FIBER PRODUCTS | |
III.F. | Other Charges to Consider |
MISMARKING | |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
MISREPRESENTATION | |
II.E.2. | Sentencing Guidelines |
III.A.1. | Overview of the Chapter |
III.C.4. | Lanham Act Defenses |
III.D.2. | Counterfeit Goods with Genuine Trademarks |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
VIII.D.3. | Determining a Restitution Figure |
MONEY LAUNDERING | |
II.E.2. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
VIII.C.1.k. | No Downward Departure for the Victim's Participation in Prosecution |
VIII.E. | Forfeiture |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.4.a. | Proceeds |
VIII.E.4.c.i. | Generally |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.a. | Proceeds |
MOST ANALOGOUS GUIDELINE | |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
MOTION FOR A NEW TRIAL | |
X.A. | Victims' Rights |
MOVIES AND MOTION PICTURES | |
I.B. | What Is Intellectual Property? |
II.B.1.c. | New Procedure for "Preregistration" |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.3.a.i. | Reproduction |
II.B.3.a.ii. | Distribution |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.C.4.a. | Operation of the Doctrine |
II.C.4.c. | Disproving First Sale at Trial |
II.E.2. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.2.c.1. | Primarily Designed or Produced |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B. | Elements |
VI.B.3. | Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work, |
VI.B.5. | Federal Jurisdiction |
VI.F. | Other Criminal Charges to Consider |
VIII.C.1. | Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.c.v. | Cross-Reference to Loss Table in U.S.S.G. § 2B1.1 |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E.5. | Criminal Forfeiture in IP Matters§ VIII.E.2.c.^Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
MULTIPLE CRIME VICTIMS | |
X.A. | Victims' Rights |
NATIONAL TRANSPORTATION OF STOLEN PROPERTY ACT | |
IV.F. | Other Possible Charges |
NO ELECTRONIC THEFT ACT (NET) ACT | |
II.B. | Elements |
II.B.2.a. | Legal Standard |
II.B.4.a. | History |
II.B.4.b. | Legal Standard |
II.B.4.b. | Legal Standard |
II.C.1. | Statute of Limitations: 5 years |
NONPROFIT USE | |
II.C.4.d. | Special Rules for Rental, Lease, and Lending |
II.C.5. | Fair Use |
II.C.5.b. | Fair Use in Criminal Cases |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.C.3. | Certain Nonprofit Entities |
NUMBER OF INFRINGING ITEMS | |
VI.E.5. | Sentencing Guidelines |
VI.E.5.b. | Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.C.1.c.iv. | Determining Amounts and ValuesReasonable Estimates Allowed |
OLYMPIC CHARTER ACT | |
III.B.4.a. | Definition of Counterfeit Mark Generally: Not Genuine or Authentic |
III.D.8. | Olympic Symbols |
OLYMPIC SYMBOLS | |
III.B.4.c. | The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
III.D.8. | Olympic Symbols |
ONLINE INFRINGEMENT OF PRE-RELEASE WORKS | |
II.B.3.c. | Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution |
ORIGINAL WORK FIXED IN A TANGIBLE MEDIUM see TANGIBLE MEDIUM |
ORIGINAL WORK OF AUTHORSHIP | |
II.B.1.b. | Copyrights vs. Registrations vs. Certificates |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
VII.A. | Overview of Patent |
OUTSOURCING | |
X.C.1.b.ii. | Private Investigators |
OVERBREADTH | |
V.C.10.b. | The First Amendment |
V.C.10.b.i. | Facial Challenges |
OVERRUN GOODS | |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.C.2. | Authorized-Use DefenseGray Market Goods |
PACKING SLIPS | |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
PARALLEL IMPORTS | |
III.C.2. | Authorized-Use DefenseGray Market Goods |
PARALLEL PROCEEDINGS | |
VIII.E.3. | Choosing a Forfeiture Procedure |
VIII.E.4.c.ii. | Victims' Ability to Forfeit Property |
X.B.2.b. | Global Settlement Negotiations |
X.B.3. | Parallel Civil Suits |
X.B.3.b. | Advantages and Disadvantages of Parallel Civil and Criminal Proceedings |
X.B.3.c. | Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution |
X.C.1.b.ii. | Private Investigators |
X.C.3. | Strategic and Case-Related Issues |
PAROLE PROCEEDINGS | |
X.A. | Victims' Rights |
PASSWORDS | |
II.B.3.c.ii. | Making the Work Available on a Computer Network Accessible to Members of the Public |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
PATENT see generally Chapter VII see also | |
I.A. | Why Is Intellectual Property Enforcement Important? |
I.B. | What Is Intellectual Property? |
II.A.1. | What Copyright Law Protects |
II.B.1.a.i. | Original Work Fixed in a Tangible Medium |
II.B.1.a.iii. | Expression of an Idea vs. Idea Itself |
IV.B.3.a.iv. | Novelty |
IV.B.3.a.vi. | Disclosure's Effects |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
IV.C.1. | Parallel Development |
IV.C.2. | Reverse Engineering |
PATENT APPLICATIONS | |
IV.B.3.a.vi. | Disclosure's Effects |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
VII.A. | Overview of Patent |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
PATENT APPLIED FOR | |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
PATENT PENDING | |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
PEER-TO-PEER FILE-TRADING | |
II.B.3.a.ii. | Distribution |
II.B.3.c. | Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution |
II.B.3.c.ii. | Making the Work Available on a Computer Network Accessible to Members of the Public |
II.B.4.b. | Legal Standard |
II.C.5.b. | Fair Use in Criminal Cases |
VIII.D.3. | Determining a Restitution Figure |
PERFORMANCES AND PHONOGRAMS TREATY | |
V.A.1. | DMCA's Background and Purpose |
PHONORECORDS | |
II.B. | Elements |
II.B.3. | Infringement of the Copyright |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.3.a.i. | Reproduction |
II.B.3.a.ii. | Distribution |
II.B.3.b.i. | Generally |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.C.4.a. | Operation of the Doctrine |
II.C.4.d. | Special Rules for Rental, Lease, and Lending |
II.E.2. | Sentencing Guidelines |
V.B.5. | Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202 |
V.C.6. | Encryption Research |
VI.B. | Elements |
VI.B.3. | Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work, |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.B.5. | Federal Jurisdiction |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
PLAIN ERROR | |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
PORNOGRAPHY | |
II.C.6. | "Archival Exception" for Computer Software17 U.S.C. § 117 |
V.C.6. | Encryption Research |
POST-SALE CONFUSION | |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
PRE-RELEASE PIRACY | |
II.B. | Elements |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.D. | Special Issues |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.c.v. | Cross-Reference to Loss Table in U.S.S.G. § 2B1.1 |
PREEMPTION | |
II.A.4. | Federal Preemption |
II.B.3.a.ii. | Distribution |
II.E.2. | Sentencing Guidelines |
III.C.3. | Repackaging Genuine Goods |
IV.F. | Other Possible Charges |
IX.C. | Whether the Person is Subject to Prosecution in Another Jurisdiction |
PREREGISTRATION | |
II.B.1.c. | New Procedure for "Preregistration" |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
see also REGISTRATION |
PRESCRIPTION DRUGS | |
I.A. | Why Is Intellectual Property Enforcement Important? |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
PRINCIPLES OF FEDERAL PROSECUTION | |
IX.A. | Introduction |
PRIOR APPROVALS | |
III.F. | Other Charges to Consider |
IV.D.2. | Confidentiality and the Use of Protective Orders |
IV.D.4. | Department of Justice Oversight |
X.C.1.a. | Applicable Law |
PRIVATE FINANCIAL GAIN see PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN |
PRIVATE INVESTIGATORS | |
VIII.D.3. | Determining a Restitution Figure |
IX.B.4. | The Individual's History of Criminal Offenses and Civil Intellectual Property Violations |
X.B.3.a. | Private Civil Remedies |
X.C. | Offers of Assistance From Victims and Related Parties |
X.C.1.b.ii. | Private Investigators |
X.C.1.b.vi. | Assistance from Private Third Parties |
X.C.3. | Strategic and Case-Related Issues |
PROSECUTORIAL PRIORITIES | |
IX.B.1. | Federal Law Enforcement Priorities |
PROTECTING AMERICAN GOODS AND SERVICES ACT OF 2005 | |
III.A.1. | Overview of the Chapter |
III.B.3.b.i. | General Definition |
VI.B.2. | The Defendant Trafficked |
PROTECTIVE ORDERS | |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
IV.D.2. | Confidentiality and the Use of Protective Orders |
X.B.3.c. | Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution |
PUBLIC COURT PROCEEDING | |
X.A. | Victims' Rights |
PUBLIC DISTRIBUTION | |
II.A.6. | The Rights Protected by Copyright |
PUBLIC DOMAIN | |
II.B.1.f. | Copyright Notice |
IV.B.3.a.v. | Secrecy |
IV.B.3.a.vi. | Disclosure's Effects |
IV.C.5. | Claim of RightPublic Domain and Proprietary Rights |
IV.D.2. | Confidentiality and the Use of Protective Orders |
V.B.1.c. | To a Copyrighted Work |
V.C.10.a. | Congress's Constitutional Authority to Enact § 1201 of the DMCA |
V.C.10.d. | Fair Use |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
PUBLIC PERFORMANCE | |
I.B. | What Is Intellectual Property? |
II.A.6. | The Rights Protected by Copyright |
II.B.3. | Infringement of the Copyright |
II.B.3.a.ii. | Distribution |
PUBLIC HEALTH AND SAFETY | |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
IX.B.2. | The Nature and Seriousness of the Offense |
PURPOSES OF COMMERCIAL ADVANTAGE OR PRIVATE FINANCIAL GAIN | |
II.A.7. | When Infringement is Criminal |
II.B. | Elements |
II.B.3. | Infringement of the Copyright |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.4. | Additional Element for Enhanced Sentence: Purpose of Commercial Advantage or Private Financial Gain |
II.B.4.a. | History |
II.B.4.b. | Legal Standard |
II.B.5. | Misdemeanor Copyright Infringement |
II.C.5.b. | Fair Use in Criminal Cases |
II.E.1. | Statutory Penalties |
II.E.2. | Sentencing Guidelines |
III.B.3.b.i. | General Definition |
III.B.3.b.iii. | Making and Obtaining Counterfeits vs. Possession with Intent to Traffic |
IV.B.5.b. | Intent to Injure the Owner of the Trade Secret |
IV.F. | Other Possible Charges |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.2. | Trafficking in Access Control Circumvention Tools and Services17 U.S.C. §§ 1201(a)(2) and 1204 |
V.B.3. | Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204 |
V.B.5. | Falsifying, Altering, or Removing Copyright Management Information -- 17 U.S.C. § 1202 |
V.C.10.b.i. | Facial Challenges |
V.C.10.b.i. | Facial Challenges |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.f. | Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)]§ II.A.7.^When Infringement is Criminal |
QUI TAM | |
VII.C. | False Marking of Patent35 U.S.C. § 292 |
QUID PRO QUO | |
III.B.3.b.i. | General Definition |
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) | |
II.E.2. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
VI.F. | Other Criminal Charges to Consider |
VIII.E.4.a. | Proceeds |
X.B.3.b. | Advantages and Disadvantages of Parallel Civil and Criminal Proceedings |
READ-ALOUD | |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
READILY ASCERTAINABLE BY THE PUBLIC | |
IV.B.3.a.v. | Secrecy |
IV.B.3.a.viii. | Independent Economic Value |
REASONABLE MEASURES | |
IV.B.3.a.i. | Generally |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
IV.C.6. | The First Amendment |
REASONABLE ROYALTY | |
VIII.C.2.c.iii. | Methods of Calculating Loss |
REASONABLY FORESEEABLE PECUNIARY HARM | |
VIII.C.2.c.i. | Use Greater of Actual or Intended Loss |
VIII.C.2.c.iii. | Methods of Calculating Loss |
RECKLESS DISREGARD | |
II.B.2.a. | Legal Standard |
REGISTER OF COPYRIGHTS | |
II.A.5. | When Copyright Protection Begins and Ends |
II.B.3.a.i. | Reproduction |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
REGISTRATION | |
II.A.5. | When Copyright Protection Begins and Ends |
II.B.1.b. | Copyrights vs. Registrations vs. Certificates |
II.B.1.c. | New Procedure for "Preregistration" |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
II.B.1.d.i. | Liability for Infringement Committed Prior to Registration |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
II.B.1.d.iii. | Registration of Particular Versions of a Work |
II.B.1.e. | Proof of Copyright at Trial |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.D. | Special Issues |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
III.B.4.c. | The Genuine Mark Must Be Federally Registered on the U.S. Patent and Trademark Office's Principal Register |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.C.4. | Lanham Act Defenses |
III.D.5. | Mark-Holder's Failure to UseSymbol |
III.D.8. | Olympic Symbols |
III.E.3. | Restitution |
IV.B.3.a.vi. | Disclosure's Effects |
V.B.1.c. | To a Copyrighted Work |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.D.1. | Electronic Copies of Labels, Documentation, or Packaging |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
see also PREREGISTRATION |
RELATED PARTIES | |
X.C. | Offers of Assistance From Victims and Related Parties |
X.C.1.b. | Distinction Between "Assistance" and "Gifts" |
X.C.1.b.i. | Assistance from Victims and Related Parties |
X.C.1.b.ii. | Private Investigators |
X.C.1.b.iii. | Cash |
X.C.1.b.v. | Resources Donated for Ongoing Use by Law Enforcement |
X.C.1.b.vi. | Assistance from Private Third Parties |
X.C.1.c.i. | Consultative Process for Acceptance of Assistance and Gifts |
X.C.3. | Strategic and Case-Related Issues |
RENTAL OF SOFTWARE | |
II.B.3. | Infringement of the Copyright |
REPACKAGING GENUINE GOODS | |
III.C.3. | Repackaging Genuine Goods |
REPACKAGING OF AUTHENTIC GOODS | |
III.B.4.a. | Definition of Counterfeit Mark Generally: Not Genuine or Authentic |
REPEAT CRIMINAL OFFENDERS | |
IX.B.4. | The Individual's History of Criminal Offenses and Civil Intellectual Property Violations |
RESTITUTION | |
III.C.3. | Repackaging Genuine Goods |
III.E.3. | Restitution |
IV.E.1.b. | Criminal Forfeiture |
VI.E. | Penalties |
VI.E.3. | Restitution |
VIII. | Penalties, Restitution, and Forfeiture |
VIII.A. | Introduction |
VIII.D. | Restitution |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
VIII.D.3. | Determining a Restitution Figure |
IX.B.2. | The Nature and Seriousness of the Offense |
IX.D. | The Adequacy of Alternative Non-Criminal Remedies |
X.A. | Victims' Rights |
X.B.2. | Ethical Concerns When the Criminal Prosecution Results in an Advantage in a Civil Matter |
X.B.2.b. | Global Settlement Negotiations |
X.B.3.b. | Advantages and Disadvantages of Parallel Civil and Criminal Proceedings |
see also MANDATORY RESTITUTION, MANDATORY VICTIMS RESTITUTION ACT OF 1996 |
RETAIL VALUE | |
II.A.7. | When Infringement is Criminal |
II.B. | Elements |
II.B.3. | Infringement of the Copyright |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.3.b. | Infringement of at Least 10 Copies of 1 or More Copyrighted Works With a Total Retail Value Exceeding $2,500 Within a 180-Day Period |
II.B.3.b.i. | Generally |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.B.5. | Misdemeanor Copyright Infringement |
III.E.5. | Sentencing Guidelines |
VI.E.5. | Sentencing Guidelines |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VI.E.5.b. | Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.i. | Formula |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.c.iv. | Determining Amounts and ValuesReasonable Estimates Allowed |
VIII.D.3. | Determining a Restitution Figure |
REVERSE ENGINEERING | |
I.B. | What Is Intellectual Property? |
II.B.3.b.i. | Generally |
IV.C.2. | Reverse Engineering |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.C.5. | Reverse Engineering and Interoperability of Computer Programs |
REVERSE PASSING-OFF | |
III.D.4. | Selling Another's Trademarked Goods As One's Own (Reverse Passing-Off) |
RICO see RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS |
SECRECY | |
IV.B.1. | Overview |
IV.B.3.a.v. | Secrecy |
IV.B.3.a.vi. | Disclosure's Effects |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
X.B.3.b. | Advantages and Disadvantages of Parallel Civil and Criminal Proceedings |
SECURITY TESTING | |
V.C.9. | Security Testing |
SENTENCING GUIDELINES | |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.4.a. | History |
II.E.2. | Sentencing Guidelines |
III.E.3. | Restitution |
III.E.5. | Sentencing Guidelines |
IV.E.2. | Sentencing Guidelines |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.E.3. | Restitution |
VI.E.5. | Sentencing Guidelines |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VIII.A. | Introduction |
VIII.C. | Sentencing Guidelines |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c. | Adjust the Offense Level According to the "Infringement Amount" -- U.S.S.G. § 2B5.3(b)(1) |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.c.iv. | Determining Amounts and ValuesReasonable Estimates Allowed |
VIII.C.1.c.v. | Cross-Reference to Loss Table in U.S.S.G. § 2B1.1 |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.C.1.f. | Offenses Not Committed for Commercial Advantage or Private Financial Gain Reduces the Offense Level by 2U.S.S.G. § 2B5.3(b)(4) [before October 24, 2005: § 2B5.3(b)(3)] |
VIII.C.2.a. | Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies |
VIII.C.2.c.iii. | Methods of Calculating Loss |
VIII.C.2.e. | Sophisticated MeansU.S.S.G. § 2B1.1(b)(9)(C) |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
IX.B.2. | The Nature and Seriousness of the Offense |
IX.B.4. | The Individual's History of Criminal Offenses and Civil Intellectual Property Violations |
SERVICE MARKS | |
I.B. | What Is Intellectual Property? |
II.E.2. | Sentencing Guidelines |
III. | Trafficking In Counterfeit Trademarks, Service Marks, and Certification Marks18 U.S.C. § 2320 |
III.A.1. | Overview of the Chapter |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
III.F. | Other Charges to Consider |
VIII.E. | Forfeiture |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
SHAM USE | |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
SHORT PHRASES | |
II.A.1. | What Copyright Law Protects |
II.B.1.a.ii. | Short Phrases Are Not Copyrightable |
SIDEWALK STANDS | |
I.A. | Why Is Intellectual Property Enforcement Important? |
SIMILARITY OF DESIGN | |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
SOFTWARE | |
I.B. | What Is Intellectual Property? |
II.A.6. | The Rights Protected by Copyright |
II.B.1.c. | New Procedure for "Preregistration" |
II.B.1.d.iii. | Registration of Particular Versions of a Work |
II.B.2.b. | Proof at Trial |
II.B.3. | Infringement of the Copyright |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.3.a.ii. | Distribution |
II.B.3.b.ii. | Definition of "Retail Value" in this Context |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.B.4.b. | Legal Standard |
II.C.4.a. | Operation of the Doctrine |
II.C.6. | "Archival Exception" for Computer Software17 U.S.C. § 117 |
III.E.5. | Sentencing Guidelines |
III.F. | Other Charges to Consider |
IV.B.3.a.i. | Generally |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
IV.C.2. | Reverse Engineering |
IV.F. | Other Possible Charges |
V.A.3. | Differences Between the DMCA and Traditional Copyright Law |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
V.B.2.b. | In a Technology, Product, Service, or Part Thereof |
V.B.2.c.3. | Knowingly Marketed for Circumvention |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
V.C.4. | Information Security Exemption |
V.C.6. | Encryption Research |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B.3. | Trafficking in Labels Affixed to, Enclosing, or Accompanying (or Designed to be Affixed to, Enclose, or Accompany) a Phonorecord, Computer Program, Motion Picture or other Audiovisual Work, Literary, Pictorial, Graphic, or Sculptural Work, |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.c.iv. | Determining Amounts and ValuesReasonable Estimates Allowed |
VIII.C.2.c.iii. | Methods of Calculating Loss |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
IX.C. | Whether the Person is Subject to Prosecution in Another Jurisdiction |
X.A. | Victims' Rights |
SOLICITATION OF GIFTS see GIFTS |
SOPHISTICATED MEANS | |
VIII.C.2.e. | Sophisticated MeansU.S.S.G. § 2B1.1(b)(9)(C) |
VIII.C.2.h. | Abuse of a Position of TrustU.S.S.G. § 3B1.3 |
VIII.C.2.i. | Use of Special SkillU.S.S.G. § 3B1.3 |
SOUND RECORDINGS | |
I.B. | What Is Intellectual Property? |
II.A.4. | Federal Preemption |
II.A.6. | The Rights Protected by Copyright |
II.B.1.c. | New Procedure for "Preregistration" |
II.B.3. | Infringement of the Copyright |
II.B.3.a. | Infringement by Reproduction or Distribution |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
II.C.3. | Venue |
II.C.4.d. | Special Rules for Rental, Lease, and Lending |
VI.B.5. | Federal Jurisdiction |
VI.F. | Other Criminal Charges to Consider |
IX.C. | Whether the Person is Subject to Prosecution in Another Jurisdiction |
SPECIAL SKILL | |
VIII.C. | Sentencing Guidelines |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.h. | Decryption or Circumvention of Access Controls Increases the Offense LevelU.S.S.G. § 3B1.3 |
VIII.C.2.e. | Sophisticated MeansU.S.S.G. § 2B1.1(b)(9)(C) |
VIII.C.2.i. | Use of Special SkillU.S.S.G. § 3B1.3 |
SPECIALIZED FORMAT | |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
SPECIFIED UNLAWFUL ACTIVITY (SUA) | |
II.E.2. | Sentencing Guidelines |
VIII.E.4.a. | Proceeds |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.5.a. | Proceeds |
see also MONEY LAUNDERING |
SPURIOUS MARKS | |
III.B.4.a. | Definition of Counterfeit Mark Generally: Not Genuine or Authentic |
III.B.4.b. | The Counterfeit Mark Must Be Identical to or Indistinguishable from a Genuine Mark Owned by Another |
STATE AND LOCAL | |
IV.F. | Other Possible Charges |
IX.C. | Whether the Person is Subject to Prosecution in Another Jurisdiction |
STATUTES OF LIMITATIONS | |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
II.C.1. | Statute of Limitations: 5 years |
III.B.3.b.iii. | Making and Obtaining Counterfeits vs. Possession with Intent to Traffic |
III.C.4. | Lanham Act Defenses |
III.C.5. | Statute of Limitations |
V.C.1. | Statute of Limitations |
VI.C. | DefensesStatute of Limitations |
II.B.1.d. | Whether Registration or Preregistration is Required to Prosecute |
STATUTORY DAMAGES | |
II.A.5. | When Copyright Protection Begins and Ends |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
II.B.2.a. | Legal Standard |
VIII.D.3. | Determining a Restitution Figure |
X.B.3.a. | Private Civil Remedies |
STAYS | |
X.B.3.b. | Advantages and Disadvantages of Parallel Civil and Criminal Proceedings |
X.B.3.c. | Stays and Protective Orders to Delay Civil Proceedings During Criminal Prosecution |
STING OPERATIONS | |
IV.B.3.a.vi. | Disclosure's Effects |
IV.C.6. | The First Amendment |
IV.D.2. | Confidentiality and the Use of Protective Orders |
VIII.C.2.c.i. | Use Greater of Actual or Intended Loss |
STIPULATIONS | |
II.B.1.e. | Proof of Copyright at Trial |
IV.D.2. | Confidentiality and the Use of Protective Orders |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
STOP COUNTERFEITING IN MANUFACTURED GOODS ACT | |
I.A. | Why Is Intellectual Property Enforcement Important? |
III.A.1. | Overview of the Chapter |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
III.B.1. | The Trademark Counterfeiting Crime in General |
III.B.3. | Intentionally Trafficked or Attempted to Traffic in Goods or Services [after March 16, 2006: or Labels, Documentation, or Packaging for Goods or Services] |
III.B.3.c. | Goods and Services [after March 16, 2006: and Labels, Patches, Stickers, Wrappers, Badges, Emblems, Medallions, Charms, Boxes, Containers, Cans, Cases, Hangtags, Documentation, or Packaging of Any Type or Nature] |
III.B.4.a. | Definition of Counterfeit Mark Generally: Not Genuine or Authentic |
III.B.4.e. | Use of the Counterfeit Mark "On or In Connection With" Goods or Services |
III.B.4.f. | The Counterfeit Mark Must Have Been Used for the Same Type of Goods or Services for Which the Genuine Mark Was Registered |
III.B.4.g. | Likelihood of Confusion, Mistake, or Deception |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
III.C.1. | Authorized-Use Defense: Overrun Goods |
III.C.3. | Repackaging Genuine Goods |
III.E.5. | Sentencing Guidelines |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.E. | Forfeiture |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.5.a. | Proceeds |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
STORAGE COSTS | |
III.D.6. | Storage Costs and Destruction |
X.C.1.b.iv. | Storage Costs in Counterfeit or Infringing Products Cases |
STUDIO OUT-TAKES | |
II.E.2. | Sentencing Guidelines |
SUBSTANTIAL STEP | |
IV.B.6. | Attempts and Conspiracies, Including the Impossibility Defense |
SUBSTANTIALLY OVERSTATES THE SERIOUSNESS OF THE OFFENSE | |
VIII.C.2.g. | Downward Departure ConsiderationsU.S.S.G. § 2B1.1 cmt. n.19(C) |
TAMPERING | |
III.C.3. | Repackaging Genuine Goods |
III.F. | Other Charges to Consider |
IV.E.1.b. | Criminal Forfeiture |
TANGIBLE MEDIUM | |
I.B. | What Is Intellectual Property? |
II.A.1. | What Copyright Law Protects |
II.B.1.a. | Copyrightability |
II.B.1.a.i. | Original Work Fixed in a Tangible Medium |
TECHNICAL JOURNALS | |
IV.B.3.a.vi. | Disclosure's Effects |
TECHNOLOGICAL MEASURES | |
V.A.1. | DMCA's Background and Purpose |
V.A.2. | Key Concepts: Access Controls vs. Copy Controls, Circumvention vs. Trafficking |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.B.1. | Circumventing Access Controls, 17 U.S.C. §§ 1201(a)(1) and 1204 |
V.B.1.a. | Circumvented |
V.B.1.b. | Technological Measures That Effectively Control Access (an "Access Control") |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.2.c.1. | Primarily Designed or Produced |
V.B.2.c.2. | Limited Commercially Significant Purpose Other Than Circumvention |
V.B.3. | Trafficking in Tools, Devies, and Services to Circumvent Copy Controls -- 17 U.S.C. §§ 1201(b)(1) and 1204 |
V.B.3.a. | Circumventing |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
V.C.6. | Encryption Research |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
THE GREATER OF ACTUAL LOSS OR INTENDED LOSS | |
VIII.C.2.c.i. | Use Greater of Actual or Intended Loss |
THOMPSON MEMO | |
IX.E. | Special Considerations in Deciding Whether to Charge Corporations and Other Business Organizations |
THREATS OF PROSECUTION | |
X.B.2.a. | Victims Who Seek Advantage By Threats of Criminal Prosecution |
TIMELY NOTICE OF ANY PUBLIC COURT PROCEEDING | |
X.A. | Victims' Rights |
TRADE SECRETS | |
I.B. | What Is Intellectual Property? |
I.C. | Why Criminal Enforcement? |
II.A.1. | What Copyright Law Protects |
II.B.1.a.iii. | Expression of an Idea vs. Idea Itself |
II.E.2. | Sentencing Guidelines |
IV. | Theft of Commercial Trade Secrets |
IV.A. | Introduction |
IV.B.1. | Overview |
IV.B.2. | Relevance of Civil Cases |
IV.B.3.a. | The Information Was a Trade Secret |
IV.B.3.a.i. | Generally |
IV.B.3.a.ii. | Employee's General Knowledge, Skill, or Abilities Not Covered |
IV.B.3.a.iii. | Specification of Trade Secrets |
IV.B.3.a.iv. | Novelty |
IV.B.3.a.v. | Secrecy |
IV.B.3.a.vi. | Disclosure's Effects |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
IV.B.3.a.viii. | Independent Economic Value |
IV.B.3.b.i. | Types of Misappropriation |
IV.B.3.b.ii. | Memorization Included |
IV.B.3.b.iii. | Lack of Authorization |
IV.B.3.b.iv. | Misappropriation of Only Part of a Trade Secret |
IV.B.3.b.v. | Mere Risk of Misappropriation Not Prosecutable, But Attempts and Conspiracies Are |
IV.B.3.c. | Knowledge |
IV.B.5.a. | Economic Benefit to a Third Party |
IV.B.5.b. | Intent to Injure the Owner of the Trade Secret |
IV.B.5.c. | Product Produced for or Placed in Interstate or Foreign Commerce |
IV.B.6. | Attempts and Conspiracies, Including the Impossibility Defense |
IV.C.1. | Parallel Development |
IV.C.2. | Reverse Engineering |
IV.C.4. | Advice of Counsel |
IV.C.5. | Claim of RightPublic Domain and Proprietary Rights |
IV.C.6. | The First Amendment |
IV.D.1. | Civil Injunctive Relief for the United States |
IV.D.2. | Confidentiality and the Use of Protective Orders |
IV.E.1.b. | Criminal Forfeiture |
IV.F. | Other Possible Charges |
VII.A. | Overview of Patent |
VIII.C.1.k. | No Downward Departure for the Victim's Participation in Prosecution |
VIII.C.2.a. | Applicable Guideline is § 2B1.1, Except for Attempts and Conspiracies |
VIII.C.2.c.iii. | Methods of Calculating Loss |
VIII.C.2.e. | Sophisticated MeansU.S.S.G. § 2B1.1(b)(9)(C) |
VIII.C.2.f. | Upward Departure ConsiderationsU.S.S.G. § 2B1.1 cmt. n.19(A) |
VIII.C.2.g. | Downward Departure ConsiderationsU.S.S.G. § 2B1.1 cmt. n.19(C) |
VIII.C.2.h. | Abuse of a Position of TrustU.S.S.G. § 3B1.3 |
VIII.C.2.i. | Use of Special SkillU.S.S.G. § 3B1.3 |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
VIII.D.3. | Determining a Restitution Figure |
VIII.E.2.c. | Table of Forfeiture Provisions Arranged by Criminal IP Statute |
VIII.E.5. | Criminal Forfeiture in IP Matters |
VIII.E.5.b. | Infringing Items, Other Contraband, and Facilitating Property |
X.C.1.b.i. | Assistance from Victims and Related Parties |
X.C.1.b.v. | Resources Donated for Ongoing Use by Law Enforcement |
TRADE SHOWS | |
IV.B.3.a.vi. | Disclosure's Effects |
TRADEMARK COUNTERFEITING ACT OF 1984 | |
III.A.2. | Why Criminal Law Protects Trademarks, Service Marks, and Certification Marks |
III.B.1. | The Trademark Counterfeiting Crime in General |
TRADEMARKS see generally Chapter III see also | |
I.A. | Why Is Intellectual Property Enforcement Important? |
I.B. | What Is Intellectual Property? |
I.C. | Why Criminal Enforcement? |
II.A.1. | What Copyright Law Protects |
II.B.1.a.ii. | Short Phrases Are Not Copyrightable |
II.C.3. | Venue |
II.E.2. | Sentencing Guidelines |
VI.A. | Distinguished From Trademark and Copyright Statutes |
VI.B.4. | The Labels, Documentation, or Packaging Materials are Counterfeit or Illicit |
VI.D.2. | Advantages of Charging a § 2318 Offense |
VI.E.5.a. | Retail Value of Copyrighted Goods vs. Counterfeit Labels, Documentation, and Packaging |
VI.E.5.b. | Number of Infringing Copyrighted Goods vs. Number of Labels, Documents, or Packaging Items |
VI.F. | Other Criminal Charges to Consider |
VII.A. | Overview of Patent |
VIII.C.1. | Offenses Involving Copyright (Including Bootleg Music, Camcorded Movies, and the Unauthorized Use of Satellite, Radio, and Cable Communications), Trademark, Counterfeit Labeling, and the DMCA |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.c.ii. | Number of Infringing Items |
VIII.C.1.c.iv. | Determining Amounts and ValuesReasonable Estimates Allowed |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
VIII.D.1. | Restitution is Availableand Often Requiredin Intellectual Property Prosecutions |
VIII.D.2. | Victims Include Owners of Intellectual Property and Consumers Who Were Defrauded |
VIII.D.3. | Determining a Restitution Figure |
VIII.E. | Forfeiture |
VIII.E.1. | Property Subject to Forfeiture |
VIII.E.2.a. | Administrative Forfeiture Proceedings |
VIII.E.4.a. | Proceeds |
VIII.E.4.b. | Infringing Items, Other Contraband, and Facilitating Property |
VIII.E.4.c.ii. | Victims' Ability to Forfeit Property |
IX.D. | The Adequacy of Alternative Non-Criminal Remedies |
X. | Victims of Intellectual Property CrimesEthics and Obligations |
X.B.3.a. | Private Civil Remedies |
X.C.1.b.iv. | Storage Costs in Counterfeit or Infringing Products Cases |
TRAFFICKING IN ACCESS CONTROL CIRCUMVENTION TOOLS AND SERVICES | |
V.B.2. | Trafficking in Access Control Circumvention Tools and Services17 U.S.C. §§ 1201(a)(2) and 1204 |
TREBLE DAMAGES | |
X.B.2.b. | Global Settlement Negotiations |
UNAUTHORIZED DISCLOSURE OF GOVERNMENT INFORMATION | |
IV.A. | Introduction |
UNIFORM TRADE SECRETS ACT | |
IV.A. | Introduction |
IV.B.2. | Relevance of Civil Cases |
IV.B.3.a.viii. | Independent Economic Value |
IV.C.6. | The First Amendment |
VIII.C.2.c.iii. | Methods of Calculating Loss |
see also TRADE SECRETS |
UNITS OF PROSECUTION | |
III.D.7. | Units of Prosecution |
UNPUBLISHED COPYRIGHTED WORK | |
II.C.5.a. | Unpublished Works |
UPLOADING | |
II.B.3.a.ii. | Distribution |
IV.B.3.b.i. | Types of Misappropriation |
VIII.C.1.a. | Applicable Guideline is § 2B5.3 |
VIII.C.1.e. | Manufacturing, Importing, or Uploading Infringing Items Increases the Offense Level by 2U.S.S.G. § 2B5.3(b)(3) [Before October 24, 2005: § 2B5.3(b)(2)] |
USAGE CONTROLS | |
V.A.2.a. | Access Controls vs. Copy/Use Controls |
V.B.3.b. | Technological Measure That Effectively Protects a Right of a Copyright Owner Under This Title ("Copy Control") |
USE IN COMMERCE | |
III.B.4.d. | The Genuine Mark Must Have Been in Use by the Mark-Holder or Its Licensee |
see also INTERSTATE AND FOREIGN COMMERCE |
UTILITY PATENTS | |
I.B. | What Is Intellectual Property? |
VAGUENESS | |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
III.C.1. | Authorized-Use Defense: Overrun Goods |
IV.B.3.a.vii. | Reasonable Measures to Maintain Secrecy |
IV.C.6. | The First Amendment |
V.C.10.c. | Vagueness |
VENUE | |
II.C.3. | Venue |
III.B.1. | The Trademark Counterfeiting Crime in General |
III.B.6. | Venue |
III.C. | Defenses |
VI.B.6. | Venue |
VICTIM AND WITNESS PROTECTION ACT OF 1982 | |
X.A. | Victims' Rights |
VICTIM'S PARTICIPATION | |
VIII.C.1.k. | No Downward Departure for the Victim's Participation in Prosecution |
VIII.C.2.j. | No Downward Departure for Victim's Participation in Developing the Case |
VICTIMS' RIGHTS | |
II.B.2.a. | Legal Standard |
X.A. | Victims' Rights |
VIDEO GAMES | |
II.B.1.d.ii. | Unpublished or Pre-Release Works |
II.B.3.a.i. | Reproduction |
V.B.1.d. | How Congress Intended the Anti-Circumvention Prohibition to Apply |
V.B.1.e. | Regulatory Exemptions to Liability under § 1201(a)(1) |
V.B.2.c.1. | Primarily Designed or Produced |
VULNERABLE VICTIMS | |
VIII.C.1.j. | Vulnerable VictimsU.S.S.G. § 3A1.1(b) |
WILLFUL BLINDNESS | |
III.B.5. | The Defendant Used the Counterfeit Mark "Knowingly" |
VI.B.1. | The Defendant Acted "Knowingly" |
WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION | |
II. | Criminal Copyright Infringement17 U.S.C. § 506 and 18 U.S.C. § 2319 |
II.A.7. | When Infringement is Criminal |
II.B. | Elements |
II.B.3. | Infringement of the Copyright |
II.B.3.c. | Distribution of a Work Being Prepared for Commercial Distribution, by Making It Available on a Publicly-Accessible Computer Network, If the Defendant Knew or Should Have Known the Work Was Intended for Commercial Distribution |
II.B.3.c.iii. | Work Being Prepared for Commercial Distribution |
VIII.C.1.c.iii. | Retail Value |
VIII.C.1.c.v. | Cross-Reference to Loss Table in U.S.S.G. § 2B1.1 |
WORKS MADE FOR HIRE | |
II.A.5. | When Copyright Protection Begins and Ends |
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) | |
V.A.1. | DMCA's Background and Purpose |
V.A.4. | Other DMCA Sections That Do Not Concern Prosecutors |
WRIT OF MANDAMUS see MANDAMUS |