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U.S. v. CHONG LAM

Nos. 11-4056, 11-4081.

677 F.3d 190 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. CHONG LAM, Defendant-Appellant, v. Burberry Limited; Louis Vuitton North America, Incorporated; VSE Corporation, Movants. United States of America, Plaintiff-Appellee, v. Siu Yung Chan, Defendant-Appellant, v. Burberry Limited; Louis Vuitton North America, Incorporated; VSE Corporation, Movants.

United States Court of Appeals, Fourth Circuit.

Decided: April 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Andrea L. Moseley, John Kenneth Zwerling, Zwerling, Leibig & Moseley, P.C., Alexandria, Virginia, for Appellants. John H. Zacharia, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Cary Citronberg, Zwerling, Leibig & Moseley, P.C., Alexandria, Virginia, for Appellants. Lanny A. Breuer, Assistant Attorney General, United States Department of Justice, Washington, D.C.; Neil H. MacBride, United States Attorney, Alexandria, Virginia, Brian R. Hood, Jessica Aber Brumberg, Assistant United States Attorneys, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD joined. Judge FLOYD wrote a separate opinion concurring in part, dissenting in part, and dissenting from the judgment.

OPINION

DUNCAN, Circuit Judge:

A jury convicted appellants Chong Lam and Siu Yung Chan (collectively "Appellants") of conspiracy to traffic in counterfeit goods, trafficking in counterfeit goods, and smuggling goods into the United States. The counterfeiting convictions were based on the jury's determination that a mark displayed on goods Appellants imported into the United States was a counterfeit of a trademark registered to fashion designer Burberry Ltd...

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