FEDERAL · 17 U.S.C. · Chapter 13

Penalty for false marking

17 U.S.C. § 1326
Title17Copyrights
Chapter13 — PROTECTION OF ORIGINAL DESIGNS

This text of 17 U.S.C. § 1326 (Penalty for false marking) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
17 U.S.C. § 1326.

Text

(a)In General.—Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a design which is not protected under this chapter, a design notice specified in section 1306, or any other words or symbols importing that the design is protected under this chapter, knowing that the design is not so protected, shall pay a civil fine of not more than $500 for each such offense.
(b)Suit by Private Persons.—Any person may sue for the penalty established by subsection (a), in which event one-half of the penalty shall be awarded to the person suing and the remainder shall be awarded to the United States.

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Related

Pequignot v. Solo Cup Co.
640 F. Supp. 2d 714 (E.D. Virginia, 2009)
6 case citations

Source Credit

History

(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2915.)

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Bluebook (online)
17 U.S.C. § 1326, Counsel Stack Legal Research, https://law.counselstack.com/usc/17/1326.