United States v. Baker

807 F.2d 427 (1986)

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Nature of the Case

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Facts

Prior to 1984 trademark counterfeiting was addressed by the civil penalties found in the Lanham Act. In 1984, Congress determined that 'penalties under [the Lanham] Act have been too small, and too infrequently imposed, to deter counterfeiting significantly.' Congress passed a law that subjected parties to criminal penalties for anyone who intentionally traffics or attempts to traffic in goods knowingly using a counterfeit mark. Baker (D) was convicted under that statute (18 U.S.C. Section 2320). P contends on appeal that the statute requires that he must know that trafficking in counterfeit goods is criminal in order to be convicted. P was selling bogus 'Rolex' watches.