§ 1118. — Destruction of infringing articles.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1118]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1118. Destruction of infringing articles
In any action arising under this chapter, in which a violation of
any right of the registrant of a mark registered in the Patent and
Trademark Office, a violation under section 1125(a) of this title, or a
willful violation under section 1125(c) of this title, shall have been
established, the court may order that all labels, signs, prints,
packages, wrappers, receptacles, and advertisements in the possession of
the defendant, bearing the registered mark or, in the case of a
violation of section 1125(a) of this title or a willful violation under
section 1125(c) of this title, the word, term, name, symbol, device,
combination thereof, designation, description, or representation that is
the subject of the violation, or any reproduction, counterfeit, copy, or
colorable imitation thereof, and all plates, molds, matrices, and other
means of making the same, shall be delivered up and destroyed. The party
seeking an order under this section for destruction of articles seized
under section 1116(d) of this title shall give ten days' notice to the
United States attorney for the judicial district in which such order is
sought (unless good cause is shown for lesser notice) and such United
States attorney may, if such destruction may affect evidence of an
offense against the United States, seek a hearing on such destruction or
participate in any hearing otherwise to be held with respect to such
destruction.
(July 5, 1946, ch. 540, title VI, Sec. 36, 60 Stat. 440; Pub. L. 93-596,
Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 98-473, title II,
Sec. 1503(3), Oct. 12, 1984, 98 Stat. 2182; Pub. L. 100-667, title I,
Sec. 130, Nov. 16, 1988, 102 Stat. 3945; Pub. L. 106-43, Sec. 3(c), Aug.
5, 1999, 113 Stat. 219.)
Prior Provisions
Acts Feb. 20, 1905, ch. 592, Sec. 20, 33 Stat. 729; Mar. 3, 1911,
ch. 231, Sec. 291, 36 Stat. 1167; June 25, 1936, ch. 804, 49 Stat. 1921.
Amendments
1999--Pub. L. 106-43, in first sentence, substituted ``a violation
under section 1125(a) of this title, or a willful violation under
section 1125(c) of this title,'' for ``or a violation under section
1125(a) of this title,'' and inserted ``or a willful violation under
section 1125(c) of this title'' before ``, the word,''.
1988--Pub. L. 100-667 inserted in first sentence ``, or a violation
under section 1125(a) of this title,'' after ``Office'' and ``or, in the
case of a violation of section 1125(a) of this title, the word, term,
name, symbol, device, combination thereof, designation, description, or
representation that is the subject of the violation,'' after
``registered mark''.
1984--Pub. L. 98-473 inserted ``The party seeking an order under
this section for destruction of articles seized under section 1116(d) of
this title shall give ten days' notice to the United States attorney for
the judicial district in which such order is sought (unless good cause
is shown for lesser notice) and such United States attorney may, if such
destruction may affect evidence of an offense against the United States,
seek a hearing on such destruction or participate in any hearing
otherwise to be held with respect to such destruction.''
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988,
see section 136 of Pub. L. 100-667, set out as a note under section 1051
of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 of this title.
Repeal and Effect on Existing Rights
Repeal of inconsistent provisions, effect of this chapter on pending
proceedings and existing registrations and rights under prior acts, see
notes set out under section 1051 of this title.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of Commerce, with certain exceptions, to Secretary of
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1122, 1125 of this title.
