§ 1158. — Counterfeiting Indian Arts and Crafts Board trade mark.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1158]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 53--INDIANS
Sec. 1158. Counterfeiting Indian Arts and Crafts Board trade
mark
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.
(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101-644, title I,
Sec. 106, Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148.)
Historical and Revision Notes
Based on section 305d of title 25, U.S.C., 1940 ed., Indians (Aug.
27, 1935, ch. 748, Sec. 5, 49 Stat. 892).
The reference to the offense as a misdemeanor was omitted as
unnecessary in view of the definition of misdemeanor in section 1 of
this title.
The words ``upon conviction thereof'' were omitted as unnecessary,
since punishment cannot be imposed until a conviction is secured.
Maximum fine was changed from $2,000 to $500 to bring the offense
within the category of petty offenses defined by section 1 of this
title. (See reviser's note under section 1157 of this title.)
Minor changes were made in phraseology.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $250,000'' in third par.
1990--Pub. L. 101-644, in third par., added cls. (1) and (2), struck
out ``be fined not more than $500 or imprisoned not more than six
months, or both; and'' after ``Shall'', and designated remaining
provision at end as cl. (3).
Transfer of Functions
Functions of all other officers of Department of the Interior and
functions of all agencies and employees of such Department, with two
exceptions, transferred to Secretary of the Interior, with power vested
in him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 3 of 1950 Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1262, set out in the Appendix to Title 5, Government Organization and
Employees.
