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15 U.S.C. § 2102 — Private enforcement

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

15 U.S.C. § 2102 — Private enforcement

**(a) In general** If any person violates section 2101(a) or (b) of this title or a rule under [section 2101(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2101/c&num=0&edition=prelim), any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defendant resides, has an agent, transacts business, or wherever venue is proper under [section 1391 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1391&num=0&edition=prelim). In any such action, the court may award the costs of the suit, including reasonable attorneys’ fees. **(b) Trademark violations** If the violation of section 2101(a) or (b) of this title or a rule under [section 2101(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2101/c&num=0&edition=prelim) also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 ([15 U.S.C. 1116](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1116&num=0&edition=prelim), 1117, and 1118) for violations of such Act.

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Source file: Laws/federal/codes/united-states-code/title-15/section-2102-private-enforcement--0c02be8eb8.md
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Source location: Title 15, Chapter 48, § 2102; chapter-048-hobby-protection.md

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

15 U.S.C. § 2101 — Marking requirements

**(a) Political items** The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation political item which is not plainly and permanently marked with the calendar year in which such item was manufactured, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(b) Coins and other numismatic items** The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce, or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked “copy”, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(c) Rules and regulations** The Federal Trade Commission shall prescribe rules for determining the manner and form in which items described in subsection (a) or (b) shall be permanently marked. **(d) Provision of assistance or support** It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b). **(e) Exemption** Subsections (a) 11 So in original. Probably should be followed by a comma. (b), and (d), and regulations under subsection (c), shall not apply to any common carrier or contract carrier or fr

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

28 U.S.C. § 1391 — Venue generally

**(a) Applicability of Section.—** Except as otherwise provided by law— (1) this section shall govern the venue of all civil actions brought in district courts of the United States; and (2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature. **(b) Venue in General.—** A civil action may be brought in— (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. **(c) Residency.—** For all venue purposes— (1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled; (2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and (3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect

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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. § 1116 — Injunctive relief

**(a) Jurisdiction; service** The several courts vested with jurisdiction of civil actions arising under this chapter shall have power to grant injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent the violation of any right of the registrant of a mark registered in the Patent and Trademark Office or to prevent a violation under subsection (a), (c), or (d) of [section 1125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125&num=0&edition=prelim). A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irreparable harm upon a finding of a violation identified in this subsection in the case of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a violation identified in this subsection in the case of a motion for a preliminary injunction or temporary restraining order. Any such injunction may include a provision directing the defendant to file with the court and serve on the plaintiff within thirty days after the service on the defendant of such injunction, or such extended period as the court may direct, a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with the injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district court of the United States, may be served on the parties against whom such injunction is granted anywhere in the United States where they may be found, and shall be operative and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other United States district court in whose jurisdiction the defend

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

15 U.S.C. § 2103 — Enforcement by Federal Trade Commission

**(a) Statutory authority** Except as provided in [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2102&num=0&edition=prelim), this chapter shall be enforced by the Federal Trade Commission under the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.]. **(b) Incorporation of Federal Trade Commission Act provisions** The Commission shall prevent any person from violating the provisions of this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act [[15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.] were incorporated into and made a part of this chapter; and any such person violating the provisions of this chapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this chapter.

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

15 U.S.C. § 1116 — Injunctive relief

Page 1314 TITLE 15—COMMERCE AND TRADE § 1116 1 So in original. Probably should be ‘‘manufacturer’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or pro- ceeding before the United States Patent and Trade- mark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title. REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chap- ter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sec- tion 1051 of this title. § 1116. Injunctive relief (a) Jurisdiction; service The several courts vested with jurisdiction of civil actions arising under this chapter shall have power to grant injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent the violation of any right of the registrant of a mark registered in the Patent and Trademark Office or to prevent a violation under subsection (a), (c), or (d) of section 1125 of this title. A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irrep- arable harm upon a finding of a violation identi- fied in this subsection in the case of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a viola- tion identified in this subsection in the case of a motion for a preliminary

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1116

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

15 U.S.C. § 2102 — Private enforcement

Page 1777 TITLE 15—COMMERCE AND TRADE § 2105 Subsec. (d). Pub. L. 113–288, § 2(1)(B), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 113–288, § 2(1)(B), (C), redesignated subsec. (d) as (e) and substituted ‘‘(b), and (d)’’ for ‘‘and (b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 93–167, § 8, Nov. 29, 1973, 87 Stat. 687, provided that: ‘‘This Act [enacting this chapter] shall apply only to imitation political items and imitation numismatic items manufactured after the date of enactment of this Act [Nov. 29, 1973].’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–288, § 1, Dec. 19, 2014, 128 Stat. 3281, pro- vided that: ‘‘This Act [amending this section and sec- tions 2102 and 2106 of this title] may be cited as the ‘Collectible Coin Protection Act’.’’ SHORT TITLE Pub. L. 93–167, § 1, Nov. 29, 1973, 87 Stat. 686, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Hobby Protection Act’.’’ § 2102. Private enforcement (a) In general If any person violates section 2101(a) or (b) of this title or a rule under section 2101(c) of this title, any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defend- ant resides, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28. In any such action, the court may award the costs of the suit, including reasonable attor- neys’ fees. (b) Trademark violations If the violation of section 2101(a) or (b) of this title or a rule under section 2101(c) of this title also involves unauthorized use of registered trademarks belonging to a collectibles certifi- cation service, the owner of suc

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