18 U.S.C. § 1158 — Counterfeiting Indian Arts and Crafts Board trade mark
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 203 words · no verdicts yet
This section punishes counterfeiting or unauthorized use of specified Government trademarks, knowingly making a false statement to obtain use of one, and related acts. It sets different first- and later-violation penalties and requires an injunction against continuing the acts.
Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Department* of the Interior as provided in section 305a of Title 25, or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, willfully, and corruptly affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products; or
Whoever knowingly makes any false statement for the purpose of obtaining the use of any such Government trade mark—
Shall (1) in the case of a first violation, if an individual, be fined under this title or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and (2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000; and (3) shall be enjoined from further carrying on the act or acts complained of.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101–644, title I, § 106, Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103–322, title XXXIII, § 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 759
- 1990Amended · Pub. L. 101-644 · 104 Stat. 4665
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2148
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
all 0 arguments · sorted by: best
no arguments yet — make the first case