5th Cir. Pattern Jury Instr. (Criminal) 2.91B

MARK LIKELY TO CAUSE CONFUSION, MISTAKE, OR DECEPTION

18 U.S.C. § 2320(a)(2)

Title 18, United States Code, Section 2320 makes it a crime for a person to intentionally

traffic [attempt to traffic] [conspire to traffic] in certain goods knowing that a counterfeit mark has

been applied thereto that is likely to cause confusion, mistake, or deception.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant trafficked in labels, patches, stickers, wrappers, badges, emblems,

medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any

type or nature to which a counterfeit mark has been applied;

Second: That the use of the counterfeit mark is likely to cause confusion [to cause mistake]

[to deceive];

Third: That the defendant knows that the mark is counterfeit and that its use is likely to

cause confusion [to cause mistake] [to deceive]; and

Fourth: That such trafficking was intentional.

“Traffic” means to transport, transfer, or dispose of, to another, for purposes of commercial

advantage or private financial gain, or to import, export, obtain control of, or possess with intent

to do transport, transfer, or otherwise dispose of.

“Financial gain” includes the receipt, or expected receipt, of anything of value.