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15 U.S.C. § 1118 — Destruction of infringing articles

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125/a&num=0&edition=prelim), or a willful violation under [section 1125(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125/a&num=0&edition=prelim) or a willful violation under [section 1125(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1116/d&num=0&edition=prelim) 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 offe

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Source file: Laws/federal/codes/united-states-code/title-15/section-1118-destruction-of-infringing-articles--f3c7f53bc2.md
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Source location: Title 15, Chapter 22, § 1118; chapter-022-trademarks.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

**(a) Application for use of trademark** (1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the applicant and specify that— (A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; (B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; (C) the mark is in use in commerce; and (D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— (i) state exceptions to the claim of exclusive use; and (ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge— (I) any concurrent use by othe

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1111 — Notice of registration; display with mark; recovery of profits and damages in infringement suit

Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1122 — Liability of United States and States, and instrumentalities and officials thereof

**(a) Waiver of sovereign immunity by the United States** The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this chapter. **(b) Waiver of sovereign immunity by States** Any State, instrumentality of a State or any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity for any violation under this chapter. **(c) Remedies** In a suit described in subsection (a) or (b) for a violation described therein, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any person other than the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or a State, instrumentality of a State, or officer or employee of a State or instrumentality of a State acting in his or her official capacity. Such remedies include injunctive relief under [section 1116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1116&num=0&edition=prelim), actual damages, profits, costs and attorney’s fees under [section 1117 of this ti

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1118 — Destruction of infringing articles

Page 1318 TITLE 15—COMMERCE AND TRADE § 1118 Editorial Notes PRIOR PROVISIONS Acts Feb. 20, 1905, ch. 592, §§ 16, 19, 33 Stat. 728, 729; Mar. 19, 1920, ch. 104, § 4, 41 Stat. 534. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–403, § 103, amended sub- sec. (b) generally. Prior to amendment, text read as fol- lows: ‘‘In assessing damages under subsection (a) of this section, the court shall, unless the court finds extenu- ating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney’s fee, in the case of any vio- lation of section 1114(1)(a) of this title or section 220506 of title 36 that consists of intentionally using a mark or designation, knowing such mark or designation is a counterfeit mark (as defined in section 1116(d) of this title), in connection with the sale, offering for sale, or distribution of goods or services. In such cases, the court may in its discretion award prejudgment interest on such amount at an annual interest rate established under section 6621(a)(2) of title 26, commencing on the date of the service of the claimant’s pleadings setting forth the claim for such entry and ending on the date such entry is made, or for such shorter time as the court deems appropriate.’’ Subsec. (c)(1). Pub. L. 110–403, § 104(1), substituted ‘‘$1,000’’ for ‘‘$500’’ and ‘‘$200,000’’ for ‘‘$100,000’’. Subsec. (c)(2). Pub. L. 110–403, § 104(2), substituted ‘‘$2,000,000’’ for ‘‘$1,000,000’’. 2004—Subsec. (e). Pub. L. 108–482 added subsec. (e). 2002—Subsec. (a). Pub. L. 107–273, § 13207(a), sub- stituted ‘‘a violation under section 1125(a) or (d) of this title,’’ for ‘‘a violation under section 1125(a), (c), or (d) of this title,’’. Subsec. (b). Pub. L. 107–273, § 13207(b)(11)

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