United States Court of Appeal for the Fourth Circuit
677 F.3d 190 (2012)
Chong Lam (defendant) operated a number of companies that were involved in importing and selling both legitimate and counterfeit handbags and wallets. In 2005, the Customs and Border Patrol (CBP) seized goods imported to one of Lam’s companies. The CBP found, hidden in some legitimate goods, handbags with marks counterfeited from marks registered to Burberry Ltd. (Burberry) and other designers. The counterfeit goods used Burberry’s plaid trademark as the background and had an equestrian knight overlay. Burberry had also used an equestrian knight trademark on some of its goods. At trial, Lam was found guilty of conspiring to traffic in counterfeit goods, trafficking in counterfeit goods, and smuggling goods into the United States. This conviction was based on the jury’s finding that the plaid used on the seized goods was a counterfeit of Burberry’s signature plaid pattern and registered trademark. Lam appealed his conviction for trafficking in counterfeit goods.
Rule of Law
Holding and Reasoning (Duncan, J.)
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