§ 298. — Violations of law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC298]
TITLE 15--COMMERCE AND TRADE
CHAPTER 8--FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED
THEREFROM
Sec. 298. Violations of law
(a) Criminal prosecutions; penalties; jurisdiction
Each and every person, firm, corporation, or association, being a
manufacturer of or a wholesale or retail dealer in gold or silver
jewelry, gold ware, silver goods, or silverware, who or which shall
knowingly violate any of the provisions of sections 294 to 300 of this
title, and every officer, manager, director, or managing agent of any
such corporation or association having knowledge of such violation and
directly participating in such violation or consenting thereto, shall be
deemed guilty of a misdemeanor, and upon conviction thereof in any court
of the United States having jurisdiction of crimes within the district
in which such violation was committed or through which has been
conducted the transportation of the article in respect to which such
violation has been committed, shall be punished by a fine of not more
than $500 or imprisonment for not more than three months, or both, at
the discretion of the court. Whenever the offense is begun in one
jurisdiction and completed in another it may be dealt with, inquired of,
tried, determined, and punished in either jurisdiction in the same
manner as if the offense had been actually and wholly committed therein.
(b) Suits by competitors, customers, or subsequent purchasers for
injunctive relief; damages and costs
Any competitor, customer, or competitor of a customer of any person
in violation of section 294, 295, 296, or 297 of this title, or any
subsequent purchaser of an article of merchandise which has been the
subject of a violation of section 294, 295, 296, or 297 of this title,
shall be entitled to injunctive relief restraining further violation of
sections 294 to 300 of this title and may sue therefor in any district
court of the United States in the district in which the defendant
resides or has an agent, without respect to the amount in controversy,
and shall recover damages and the cost of suit, including a reasonable
attorney's fee.
(c) Suits by jewelry trade associations for injunctive relief; damages
and costs
Any duly organized and existing jewelry trade association shall be
entitled to injunctive relief restraining any person in violation of
section 294, 295, 296, or 297 of this title from further violation of
sections 294 to 300 of this title and may sue therefor as the real party
in interest in any district court of the United States in the district
in which the defendant resides or has an agent, without respect to the
amount in controversy, and if successful shall recover the cost of suit,
including a reasonable attorney's fee. If the court determines that the
action has been brought frivolously, for purposes of harassment, or in
implementation of any scheme in restraint of trade, it may award
punitive damages to the defendant.
(d) Award of costs to defendant
Any defendant against whom a civil action is brought under the
provisions of sections 294 to 300 of this title shall be entitled to
recover the cost of defending the suit, including a reasonable
attorney's fee, in the event such action is terminated without a finding
by the court that such defendant is or has been in violation of sections
294 to 300 of this title.
(e) Jurisdiction of civil actions
The district courts shall have exclusive original jurisdiction of
any civil action arising under the provisions of sections 294 to 300 of
this title.
(June 13, 1906, ch. 3289, Sec. 5, 34 Stat. 262; Pub. L. 91-366,
Sec. 1(a), (b), July 31, 1970, 84 Stat. 690.)
Amendments
1970--Pub. L. 91-366 designated existing provisions as subsec. (a)
and added subsecs. (b) to (e).
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-366 effective three months after July 31,
1970, see section 4 of Pub. L. 91-366, set out as a note under section
297 of this title.
Separability
For separability provision of Pub. L. 91-366, see section 2 of Pub.
L. 91-366, set out as a note under section 297 of this title.
Construction of 1970 Amendment
Amendment by Pub. L. 91-366 to be held to be in addition to and not
in substitution for or limitation of the provisions of any other Act of
the United States, see section 3 of Pub. L. 91-366, set out as a note
under section 297 of this title.
Section Referred to in Other Sections
This section is referred to in sections 299, 300 of this title.
