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17 U.S.C. § 1325 — Liability for action on registration fraudulently obtained

submitted 28 years ago by Pub. L. 105-304 to r/title-17-COPYRIGHTS · 86 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person who knowingly sues for design infringement while knowing that the design registration was materially obtained by fraud owes up to $10,000. The amount compensates the defendant and is separate from court-awarded costs and attorney fees.

A person who brings an infringement action while knowing that the design registration was obtained through a false or fraudulent statement that materially affects rights under this chapter is liable for $10,000, or a smaller amount the court decides. The amount compensates the defendant, is charged to the plaintiff and paid to the defendant, and is in addition to any costs and attorney fees the court awards the defendant.
the actual law source: uscode.house.gov ↗public domain

Any person who brings an action for infringement knowing that registration of the design was obtained by a false or fraudulent representation materially affecting the rights under this chapter, shall be liable in the sum of $10,000, or such part of that amount as the court may determine. That amount shall be to compensate the defendant and shall be charged against the plaintiff and paid to the defendant, in addition to such costs and attorney’s fees of the defendant as may be assessed by the court.

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

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-304 · 112 Stat. 2915

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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