Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 eBook

This eBook from the Gutenberg Project consists of approximately 350 pages of information about Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92.

(e) Disposition of Infringing and Other Articles.  The court may order that all infringing articles, and any plates, molds, patterns, models, or other means specifically adapted for making the articles, be delivered up for destruction or other disposition as the court may direct.

Section 1324.  Power of court over registration

In any action involving the protection of a design under this chapter, the court, when appropriate, may order registration of a design under this chapter or the cancellation of such a registration.  Any such order shall be certified by the court to the Administrator, who shall make an appropriate entry upon the record.

Section 1325.  Liability for action on registration fraudulently obtained

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.

Section 1326.  Penalty for false marking

(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.

Section 1327.  Penalty for false representation

Whoever knowingly makes a false representation materially affecting the rights obtainable under this chapter for the purpose of obtaining registration of a design under this chapter shall pay a penalty of not less than $500 and not more than $1,000, and any rights or privileges that individual may have in the design under this chapter shall be forfeited.

Section 1328.  Enforcement by Treasury and Postal Service

(a) Regulations.  The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth in section 1308 with respect to importation.  Such regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions: 

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Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 from Project Gutenberg. Public domain.