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15 U.S.C. § 298Violations of law

submitted 120 years ago by ch. 3289 to r/title-15-COMMERCE-AND-TRADE · 562 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law punishes people who break the gold and silver marking rules. Violators face fines, jail time, or both, and can be sued by competitors or buyers. Trade associations can also sue, and winning defendants can recover their legal costs.

(a) Criminal prosecutions; penalties; jurisdiction Any manufacturer, or wholesale or retail dealer, of gold or silver jewelry, gold ware, silver goods, or silverware who knowingly breaks sections 294 through 300 — and any officer, manager, director, or managing agent of a company who knew about the violation and either took part in it or agreed to it — is guilty of a misdemeanor. On conviction, in any U.S. court with jurisdiction where the violation happened or where the goods passed through in transport, the penalty is a fine of up to $500, up to three months in jail, or both, as the court decides. If the offense started in one place and finished in another, it can be prosecuted, tried, and punished in either place as if it happened entirely there. (b) Suits by competitors, customers, or subsequent purchasers for injunctive relief; damages and costs Any competitor of a violator, any customer, any competitor of a customer, or anyone who later bought merchandise involved in a violation of section 294, 295, 296, or 297, can sue in federal district court — wherever the defendant lives or has an agent — to stop further violations, no matter how small the dollar amount involved. If they win, they get damages plus the cost of the suit, including a reasonable attorney's fee. (c) Suits by jewelry trade associations for injunctive relief; damages and costs Any properly organized jewelry trade association can also sue, as the real party bringing the case, in federal district court where the defendant lives or has an agent, to stop violations of section 294, 295, 296, or 297 — again regardless of dollar amount. If it wins, it gets its costs and a reasonable attorney's fee. But if the court finds the suit was brought just to harass someone, or as part of a scheme to restrain trade, the court can award punitive damages against the association, to the defendant. (d) Award of costs to defendant Anyone sued under sections 294 to 300 can recover their own defense costs, including a reasonable attorney's fee, if the case ends without the court finding they actually violated the law. (e) Jurisdiction of civil actions Federal district courts have exclusive original jurisdiction over civil suits brought under sections 294 to 300.
the actual law source: uscode.house.gov ↗public domain
(a) Criminal prosecutions; penalties; jurisdiction

Each and every person, firm, corporation, or association, being a manufacturer of or a wholesale or retail dealer in gold or silver jewelry, gold ware, silver goods, or silverware, who or which shall knowingly violate any of the provisions of sections 294 to 300 of this title, and every officer, manager, director, or managing agent of any such corporation or association having knowledge of such violation and directly participating in such violation or consenting thereto, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States having jurisdiction of crimes within the district in which such violation was committed or through which has been conducted the transportation of the article in respect to which such violation has been committed, shall be punished by a fine of not more than $500 or imprisonment for not more than three months, or both, at the discretion of the court. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein.

(b) Suits by competitors, customers, or subsequent purchasers for injunctive relief; damages and costs

Any competitor, customer, or competitor of a customer of any person in violation of section 294, 295, 296, or 297 of this title, or any subsequent purchaser of an article of merchandise which has been the subject of a violation of section 294, 295, 296, or 297 of this title, shall be entitled to injunctive relief restraining further violation of sections 294 to 300 of this title and may sue therefor in any district court of the United States in the district in which the defendant resides or has an agent, without respect to the amount in controversy, and shall recover damages and the cost of suit, including a reasonable attorney’s fee.

(c) Suits by jewelry trade associations for injunctive relief; damages and costs

Any duly organized and existing jewelry trade association shall be entitled to injunctive relief restraining any person in violation of section 294, 295, 296, or 297 of this title from further violation of sections 294 to 300 of this title and may sue therefor as the real party in interest in any district court of the United States in the district in which the defendant resides or has an agent, without respect to the amount in controversy, and if successful shall recover the cost of suit, including a reasonable attorney’s fee. If the court determines that the action has been brought frivolously, for purposes of harassment, or in implementation of any scheme in restraint of trade, it may award punitive damages to the defendant.

(d) Award of costs to defendant

Any defendant against whom a civil action is brought under the provisions of sections 294 to 300 of this title shall be entitled to recover the cost of defending the suit, including a reasonable attorney’s fee, in the event such action is terminated without a finding by the court that such defendant is or has been in violation of sections 294 to 300 of this title.

(e) Jurisdiction of civil actions

The district courts shall have exclusive original jurisdiction of any civil action arising under the provisions of sections 294 to 300 of this title.

Source credit: (June 13, 1906, ch. 3289, § 5, 34 Stat. 262; Pub. L. 91–366, § 1(a), (b), July 31, 1970, 84 Stat. 690.)

history & why it existsrecord from the source credit
  • 1906Enacted · Act of June 13, 1906, ch. 3289 · 34 Stat. 262
  • 1970Amended · Pub. L. 91-366 · 84 Stat. 690

A history note hasn’t been published yet. The record shows enactment by ch. 3289 on 1906-06-13.

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