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§ 1326. —  Penalty for false marking.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 17USC1326]

 
                          TITLE 17--COPYRIGHTS
 
               CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
 
Sec. 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.

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat. 
2915.)



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