17 USC 1326
Penalty for false marking

Executive summary:

This document contains one section of the U.S. Copyright Act (found in Title 17 of the United States Code). This page was last updated in October 2005. All of the sections of the Copyright Act are listed on the Index page.

For more information on copyright law, please see the Copyright Section of BitLaw.

Previous Section (§1325) | Next Section (§1327)

§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 [17 USC § §1301 et seq.], a design notice specified in section 1306 [17 USC 1306], or any other words or symbols importing that the design is protected under this chapter [17 USC § §1301 et seq.], 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.