December 2007

Jeffrey Hallam writes “Restitution for Criminal Trademark and Copyright Infringement” for International Law Office


Chapter 18 of the US Code makes trafficking in counterfeit labels, packaging, goods and services (Sections 2318 and 2320) and infringement of copyright (Section 2319) criminal offences. Although defendants convicted of these crimes are required to pay restitution to the trademark and copyright holders, courts vary in their approaches to determining the amount of restitution. This update surveys the various approaches employed by the US courts in this evolving area of law.