Throughout history, criminal organizations have produced, packaged, transported, marketed, and sold illegal products. These organizations and their individual members can be punished for all of the steps in this process, except one: marketing. These groups routinely market their products with trademarks affixed to the illegal products they sell, and benefit from these trademarks the same way a company like the Coca-Cola Company benefits from its trademarks. Criminal organizations should not be free to use trademarks without fear of any additional punishment for doing so. Congress and the United States Sentencing Commission should look at this issue to determine an appropriate way to prevent this ongoing activity.
Thomas J. Kelley, The Effects of "Blue Magic": A Call to Punish Criminal Organizations that Benefit from the Use of Trademarks, 9 J. Marshall Rev. Intell. Prop. L. 912 (2010)