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17 U.S.C. § 1322Injunctions

submitted 28 years ago by Pub. L. 105-304 to r/title-17-COPYRIGHTS · 127 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses Injunctions. It sets rules for the matters covered by its text.

(a) In General .— A court having jurisdiction over actions under this chapter may grant injunctions under the principles of equity to prevent infringement of a design under this chapter, including, in its discretion, prompt relief by temporary restraining orders and preliminary injunctions. (b) Damages for Injunctive Relief Wrongfully Obtained .— A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for that injunctive relief and may recover that relief as may be appropriate, including damages for lost profits, cost of materials, loss of good will, and punitive damages in instances where the injunctive relief was sought in bad faith, and, unless the court finds extenuating circumstances, reasonable attorney’s fees.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

A court having jurisdiction over actions under this chapter may grant injunctions in accordance with the principles of equity to prevent infringement of a design under this chapter, including, in its discretion, prompt relief by temporary restraining orders and preliminary injunctions.

(b)Damages for Injunctive Relief Wrongfully Obtained.—

A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for such injunctive relief and may recover such relief as may be appropriate, including damages for lost profits, cost of materials, loss of good will, and punitive damages in instances where the injunctive relief was sought in bad faith, and, unless the court finds extenuating circumstances, reasonable attorney’s fees.

Source credit: (Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2914.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-304 · 112 Stat. 2914

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-304 on 1998-10-28.

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