Definitions

For purposes of the Trademark Counterfeiting Act,

(a)the term ‘registered mark’ means:

(1)a trademark or trade name registered in the United States and Trademark Office, or in any State, Commonwealth or Territory of the United States, or registered in Guam pursuant to §20401 et. seq. of Title 5, Guam Code Annotated, or in any other country, or protected by the Amateur Sports Act of 1978, 36 U.S.C. §380, or recognized by common law, whether or not the defendant knew such trademark or trade name was so registered or protected; and

(2)used without the consent of the registrant;

(b)the term ‘counterfeit mark’ means:

(1)a spurious mark,

(i)that is used in connection with trafficking goods or services;

(ii)that is identical with, or substantially indistinguishable from, a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office or registered with the Administrator of the Guam Economic Development and Commerce Authority (‘GEDCA’) and with the Department of Revenue and Taxation of the government of Guam, or in any other State, Commonwealth or Territory of the United States, COL120106 CH. 47 TRADEMARK COUNTERFEITING ACT whether or not the defendant knew such mark was so registered; and

(iii)the use of which is likely to cause confusion, to cause mistake, or to deceive; or

(2)a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available, but such term does not include any mark or designation used in connection with goods or services of which the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation;

(c)the term ‘traffic’ means to transport, transfer, or otherwise dispose of, to another, in consideration for anything of value, or to make or obtain control of, with the intent to transport, transfer, or dispose of;

(d)the term ‘Lanham Act’ means the Act entitled ‘An Act To Provide For The Registration And Protection Of Trademarks Used In Commerce, To Carry Out The Provisions Of Certain International Conventions, And For Other Purposes,’ approved July 5, 1946 (15 U.S.C. §1051 et. seq.);

(e)the term ‘cumulative retail sale value’ of counterfeit goods or services means a value equivalent to the cumulative price or fair market value of the article as of the time of the crime.