12 2 STA T .4 2 59PUBLIC LA W 11 0– 40 3—O CT. 13 , 200 8SEC.103 . TR E BL E DAM A G ES IN C OU NTER F EITING CASES. Section35(b) o f t h e Trad e m ar kA ct of 1946 (15 U. S. C . 111 7 (b)) i s amended to read as fo l lo w s
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‘(b) I n assessin g damages u nder subsection (a) for an yv iolation of section 3 2 (1)(a) of this Act or section 22 0 506 of title 36 , United States Code, in a case involving use of a counterfeit mark or designation (as defined in section 34(d) of this Act), the court shall, unless the court finds e x tenuating circumstances, enter j udg - ment for three times such p rofits or damages, whichever amount is greater, together with a reasonable attorney ’ s fee, if the violation consists of — ‘‘(1) intentionally using a mark or designation, knowing such mark or designation is a counterfeit mark (as defined in section 34(d) of this Act), in connection with the sale, offering for sale, or distribution of goods or services
or ‘‘(2) providing goods or services necessary to the commission of a violation specified in paragraph (1), with the intent that the recipient of the goods or services would put the goods or services to use in committing the violation. In such a case, the court may award prejudgment interest on such amount at an annual interest rate established under section 6621(a)(2) of the Internal R evenue Code of 19 8 6, beginning on the date of the service of the claimant’s pleadings setting forth the claim for such entry of judgment and ending on the date such entry is made, or for such shorter time as the court considers appropriate.’’. SEC. 10 4 . STATUTOR Y DAMAGES IN COUNTERFEITING CASES. Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) is amended— (1) in paragraph (1)— (A) by striking ‘‘ $ 500’’ and inserting ‘‘$1,000’’; and ( B ) by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’; and (2) in paragraph (2), by striking ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. SEC. 10 5 .IM P ORTATION AND E X PORTATION. (a) I NGE NE RAL .—The heading for chapter 6 of title 17, United States Code, is amended to read as follows: ‘ ‘ CHAPTER6—M A NUF ACTUR I N G RE Q UIREMENT S, IMP O RTATION, AN D E X PORTATION ’ ’ . (b) A M EN D MEN TO N EXP ORTAT I ON.—Section 602(a) of title 17, United States Code, is amended— (1) by redesignating paragraphs (1) through (3) as subpara- graphs (A) through (C), respectively, and moving such subpara- graphs 2 ems to the right; (2) by striking ‘‘(a)’’ and inserting ‘‘(a) IN F RIN G ING IMPORTA- TION OR EXPORTATION.— ‘‘(1) IMPORTATION.—’’; (3) by striking ‘‘This subsection does not apply to—’’ and inserting the following: ‘‘(2) IMPORTATION OR EXPORTATION OF INFRINGING ITEM S .— Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which
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