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

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

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Page 1776 TITLE 15—COMMERCE AND TRADE § 2101 1 So in original. Probably should be followed by a comma. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that Congress should promote the installation of car- bon monoxide alarms in residential homes and dwelling units across the United States in order to promote the health and public safety of citizens throughout the United States.’’ DEFINITIONS Pub. L. 117–103, div. Q, title II, § 203, Mar. 15, 2022, 136 Stat. 813, provided that: ‘‘In this title [enacting this section and provisions set out as notes under this sec- tion and section 2051 of this title]: ‘‘(1) CARBON MONOXIDE ALARM.—The term ‘carbon monoxide alarm’ means a device or system that— ‘‘(A) detects carbon monoxide; and ‘‘(B) is intended to sound an alarm at a carbon monoxide concentration below a concentration that could cause a loss of the ability to react to the dan- gers of carbon monoxide exposure. ‘‘(2) COMMISSION.—The term ‘Commission’ means the Consumer Product Safety Commission. ‘‘(3) COMPLIANT CARBON MONOXIDE ALARM.—The term ‘compliant carbon monoxide alarm’ means a carbon monoxide alarm that complies with the most current version of— ‘‘(A) the Standard for Single and Multiple Station Carbon Monoxide Alarms of the American National Standards Institute and UL (ANSI/UL 2034), or any successor standard; and ‘‘(B) the Standard for Gas and Vapor Detectors and Sensors of the American National Standards Institute and UL (ANSI/UL 2075), or any successor standard. ‘‘(4) DWELLING UNIT.—The term ‘dwelling unit’— ‘‘(A) means a room or suite of rooms used for human habitation; and ‘‘(B) includes— ‘‘(i) a single family residence; ‘‘(ii) each living unit of a multiple family resi- dence, including an apartment building; and ‘‘(iii) each living unit in a mixed use building. ‘‘(5) FIRE CODE ENFORCEMENT OFFICIALS.—The term ‘fire code enforcement officials’ means officials of the fire safety code enforcement agency of a State or local government or a Tribal organization. ‘‘(6) INTERNATIONAL FIRE CODE.—The term ‘IFC’ means— ‘‘(A) the 2015 or 2018 edition of the International Fire Code published by the International Code Council; or ‘‘(B) any amended or similar successor code per- taining to the proper installation of carbon mon- oxide alarms in dwelling units. ‘‘(7) INTERNATIONAL RESIDENTIAL CODE.—The term ‘IRC’ means— ‘‘(A) the 2015 or 2018 edition of the International Residential Code published by the International Code Council; or ‘‘(B) any amended or similar successor code per- taining to the proper installation of carbon mon- oxide alarms in dwelling units. ‘‘(8) NFPA 720.—The term ‘NFPA 720’ means— ‘‘(A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and ‘‘(B) any amended or similar successor standard relating to the proper installation of carbon mon- oxide alarms in dwelling units. ‘‘(9) STATE.—The term ‘State’— ‘‘(A) has the meaning given the term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)); and ‘‘(B) includes— ‘‘(i) the Commonwealth of the Northern Mar- iana Islands; and ‘‘(ii) any political subdivision of a State. ‘‘(10) TRIBAL ORGANIZATION.—The term ‘Tribal orga- nization’ has the meaning given the term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)).’’ CHAPTER 48—HOBBY PROTECTION Sec. 2101. Marking requirements. 2102. Private enforcement. 2103. Enforcement by Federal Trade Commission. 2104. Imports. 2105. Application of other laws. 2106. Definitions. § 2101. Marking requirements (a) Political items The manufacture in the United States, or the importation into the United States, for intro- duction 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 et seq.]. (b) Coins and other numismatic items The manufacture in the United States, or the importation into the United States, for intro- duction 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 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) 1 (b), and (d), and regulations under subsection (c), shall not apply to any com- mon carrier or contract carrier or freight for- warder with respect to an imitation political item or imitation numismatic item received, shipped, delivered, or handled by it for shipment in the ordinary course of its business. (Pub. L. 93–167, § 2, Nov. 29, 1973, 87 Stat. 686; Pub. L. 113–288, § 2(1), Dec. 19, 2014, 128 Stat. 3281.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsecs. (a) and (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classifica- tion of this Act to the Code, see section 58 of this title and Tables. AMENDMENTS 2014—Subsec. (b). Pub. L. 113–288, § 2(1)(A), inserted ‘‘, or the sale in commerce’’ after ‘‘distribution in com- merce’’. 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 such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sec- tions 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118) for violations of such Act. (Pub. L. 93–167, § 3, Nov. 29, 1973, 87 Stat. 686; Pub. L. 113–288, § 2(2), Dec. 19, 2014, 128 Stat. 3281.) Editorial Notes REFERENCES IN TEXT The Trademark Act of 1946, referred to in subsec. (b), is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§ 1051 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of this title and Tables. AMENDMENTS 2014—Pub. L. 113–288 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28’’ for ‘‘or has an agent’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to imitation political items and imitation numismatic items manufactured after Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as a note under section 2101 of this title. § 2103. Enforcement by Federal Trade Commis- sion (a) Statutory authority Except as provided in section 2102 of this title, this chapter shall be enforced by the Federal Trade Commission under the Federal Trade Commission Act [15 U.S.C. 41 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 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 Com- mission 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. (Pub. L. 93–167, § 4, Nov. 29, 1973, 87 Stat. 686.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to imitation political items and imitation numismatic items manufactured after Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as a note under section 2101 of this title. § 2104. Imports Any item imported into the United States in violation of section 2101(a) or (b) of this title or regulations under section 2101(c) of this title shall be subject to seizure and forfeiture under the customs laws. (Pub. L. 93–167, § 5, Nov. 29, 1973, 87 Stat. 687.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to imitation political items and imitation numismatic items manufactured after Nov. 29, 1973, see section 8 of Pub. L. 93–167, set out as a note under section 2101 of this title. § 2105. Application of other laws The provisions of this chapter are in addition to, and not in substitution for or limitation of, the provisions of any other law of the United States or of the law of any State.

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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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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

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15 U.S.C. § 2052 — Definitions

**(a) In general** In this chapter: (1) **Appropriate Congressional committees** — The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) **Children’s product** — The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. (3) **Commerce** — The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (4) **Commission** — The term “Commission” means the Consumer Product Safety Commission, established by [section 2053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2053&num=0&edition=prelim). (5) **Consumer product** — The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in

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15 U.S.C. § 2052 — Definitions

Page 1699 TITLE 15—COMMERCE AND TRADE § 2052 and Zachary Burt Memorial Carbon Monoxide Poi- soning Prevention Act of 2022’.’’ SHORT TITLE OF 2013 AMENDMENT Pub. L. 112–266, § 1, Jan. 14, 2013, 126 Stat. 2437, pro- vided that: ‘‘This Act [enacting section 2056c of this title and provisions set out as notes under section 2056c of this title] may be cited as the ‘Drywall Safety Act of 2012’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–314, § 1(a), Aug. 14, 2008, 122 Stat. 3016, pro- vided that: ‘‘This Act [enacting sections 1278a, 1477, 2053a, 2055a, 2056a, 2056b, 2057c, 2076b, 2086 to 2089, and 8008 of this title, amending sections 1191, 1193, 1194, 1196, 1201 to 1204, 1261 to 1266, 1269 to 1276, 1278, 1472, 2052, 2054, 2055, 2058, 2060, 2063 to 2070, 2073, 2076, 2077 to 2079, 2081, 2082, 8002, and 8003 of this title, enacting provi- sions set out as notes under this section and sections 1194, 2053, 2060, 2063, 2066, 2069, and 2076 of this title, amending provisions set out as notes under sections 401 and 1261 of this title and section 1113 of Title 31, Money and Finance, and repealing provisions set out as a note under section 2053 of this title] may be cited as the ‘Consumer Product Safety Improvement Act of 2008’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–608, § 1, Nov. 16, 1990, 104 Stat. 3110, pro- vided that: ‘‘This Act [enacting sections 2076a and 2084 of this title, amending sections 1193, 1194, 1262, 1274, 2053, 2055, 2056, 2058, 2061, 2064, 2066, 2069, 2077, and 2081 of this title, and enacting provisions set out as notes under sections 2053, 2054, 2056, 2076, and 2084 of this title] may be cited as the ‘Consumer Product Safety Improvement Act of 1990’.’’ SHORT TITLE OF 1981 AMENDMENT Pub. L. 97–35, title XII, § 1201(a), Aug. 13, 1981,

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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

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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25 U.S.C. § 5304 — Definitions

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Manage

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