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15 U.S.C. § 2105 — Application of other laws

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15 U.S.C. § 2105 — Application of other laws

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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. Page 1778 TITLE 15—COMMERCE AND TRADE § 2106 (Pub. L. 93–167, § 6, 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. § 2106. Definitions For purposes of this chapter: (1) The term ‘‘original political item’’ means any political button, poster, literature, stick- er, or any advertisement produced for use in any political cause. (2) The term ‘‘imitation political item’’ means an item which purports to be, but in fact is not, an original political item, or which is a reproduction, copy, or counterfeit of an original political item. (3) The term ‘‘original numismatic item’’ means anything which has been a part of a coinage or issue which has been used in ex- change or has been used to commemorate a person or event. Such term includes coins, to- kens, paper money, and commemorative med- als. (4) The term ‘‘imitation numismatic item’’ means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. (5) The term ‘‘commerce’’ has the same meaning as such term has under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (6) The term ‘‘Commission’’ means the Fed- eral Trade Commission. (7) The term ‘‘United States’’ means the States, the District of Columbia, and the Com- monwealth of Puerto Rico. (8) The term ‘‘collectibles certification serv- ice’’ means a person recognized by collectors for providing independent certification that collectible items are genuine. (9) The term ‘‘Trademark Act of 1946’’ means the Act entitled ‘‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’’, approved July 5, 1946 (15 U.S.C. 1051 et seq.). (Pub. L. 93–167, § 7, Nov. 29, 1973, 87 Stat. 687; Pub. L. 113–288, § 2(3), Dec. 19, 2014, 128 Stat. 3281.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in par. (5), 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. The Trademark Act of 1946, referred to in par. (9), 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—Pars. (8), (9). Pub. L. 113–288 added pars. (8) and (9). 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. CHAPTER 49—FIRE PREVENTION AND CONTROL Sec. 2201. Congressional findings. 2202. Declaration of purpose. 2203. Definitions. 2204. United States Fire Administration. 2205. Public education. 2206. National Academy for Fire Prevention and Control. 2207. Fire technology. 2208. National Fire Data Center. 2209. Master plans. 2210. Reimbursement for costs of firefighting on Federal property. 2211. Review of fire prevention codes. 2212. Fire safety effectiveness statements. 2213. Annual conference. 2214. Public safety awards. 2215. Reports to Congress and President. 2216. Authorization of appropriations. 2217. Public access to information. 2218. Administrative provisions. 2219. Assistance to Consumer Product Safety Com- mission. 2220. Arson prevention, detection, and control. 2221. Arson prevention grants. 2222, 2223. Repealed. 2223a. Review. 2223b. Working group. 2223c. Report and recommendations. 2223d. Annual revision of recommendations. 2223e. ‘‘Emergency response personnel’’ defined. 2224. Listings of places of public accommodation. 2225. Fire prevention and control guidelines for places of public accommodation. 2225a. Prohibiting Federal funding of conferences held at non-certified places of public ac- commodation. 2226. Dissemination of fire prevention and control information. 2227. Fire safety systems in federally assisted buildings. 2228. CPR training. 2229. Firefighter assistance. 2229a. Staffing for adequate fire and emergency re- sponse. 2230. Surplus and excess Federal equipment. 2231. Cooperative agreements with Federal facili- ties. 2232. Burn research. 2233. Removal of civil liability barriers that dis- courage the donation of fire equipment to volunteer fire companies. 2234. Encouraging adoption of standards for fire- fighter health and safety. 2235. Investigation authorities. § 2201. Congressional findings The Congress finds that— (1) The National Commission on Fire Pre- vention and Control, established pursuant to Public Law 90–259, has made an exhaustive and comprehensive examination of the Nation’s fire problem, has made detailed findings as to the extent of this problem in terms of human suffering and loss of life and property, and has made ninety thoughtful recommendations. (2) The United States today has the highest per capita rate of death and property loss from

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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. § 1051 — Application for registration; verification

Page 1275 TITLE 15—COMMERCE AND TRADE § 1051 1 So in original. The word ‘‘shall’’ probably should not appear. ‘‘An Act to authorize the registration of trade-marks and protect the same,’’ and also act Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled ‘‘An Act relating to the registra- tion of trade marks’’. Former section 109 of this title repealed all inconsistent acts and parts of acts, except so far as they might apply to certificates of registra- tion issued under the Trade-Mark Act of Mar. 3, 1881, ch. 138, and act Aug. 5, 1882, ch. 393. Statutory Notes and Related Subsidiaries EFFECTIVE DATE This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, be- came effective one year from July 5, 1946, and repealed chapter 3 of this title as of that date. See notes under section 1051 of this title. SUBCHAPTER I—THE PRINCIPAL REGISTER § 1051. Application for registration; verification (a) Application for use of trademark (1) The owner of a trademark used in com- merce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Pat- ent and Trademark Office an application and a verified statement, in such form as may be pre- scribed 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 ap- plicant and specify that— (A) the person making the verification be- lieves that he or she, or the juristic per

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

15 U.S.C. § 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. § 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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Federal law — U.S. Code and appendices · legal_authorities

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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