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17 U.S.C. § 1326Penalty for false marking

submitted 28 years ago by Pub. L. 105-304 to r/title-17-COPYRIGHTS · 124 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about penalty for false marking. It states the duties, permissions, limits, procedures, and other rules that apply under this section.

(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, must pay a civil fine of not more than $500 for each such offense. (b) Suit by Private people.— Any person may sue for the penalty established by subsection (a), in which event one-half of the penalty must be awarded to the person suing and the remainder must be awarded to the United States.
the actual law source: uscode.house.gov ↗public domain
(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.

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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