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Code · U.S. Code · Title 15 - COMMERCE AND TRADE · CHAPTER 22— TRADEMARKS · SUBCHAPTER III— GENERAL PROVISIONS · § 1118

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§ 1118. Destruction of infringing articles

698 words·~3 min read·/usc/title-15/section-1118

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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, or a willful violation under section 1125(c) of this title, 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 or a willful violation under section 1125(c) of this title, 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 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 offense against the United States, seek a hearing on such destruction or participate in any hearing otherwise to be held with respect to such destruction.

(July 5, 1946, ch. 540, title VI, § 36, 60 Stat. 440; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 98–473, title II, § 1503(3), Oct. 12, 1984, 98 Stat. 2182; Pub. L. 100–667, title I, § 130, Nov. 16, 1988, 102 Stat. 3945; Pub. L. 106–43, § 3(c), Aug. 5, 1999, 113 Stat. 219.)

Connections5 cite this · traces to 4

Cited by 5 sections

statutes-at-large

U.S. Code

§ 1122
Liability of United States and States, and instrumentalities and officials thereof

statute-compilations

Sec. 36
In any action arising under this Act, in which a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 43(a), or a willful violation under section 43(c), 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 43(a) or a willful violation under section 43(c), 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 34(d) (15 U.S.C. 1116(d)) 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 offense against the United States, seek a hearing on such destruction or participate in any hearing otherwise to be held with respect to such destruction.

Traces to 4 documents

U.S. Code

23 references not yet in our index

July 5, 1946, ch. 540
60 Stat. 440
Pub. L. 93–596, § 1
88 Stat. 1949
Pub. L. 98–473, title II, § 1503(3)
98 Stat. 2182
Pub. L. 100–667, title I, § 130
102 Stat. 3945
Pub. L. 106–43, § 3(c)
113 Stat. 219
Feb. 20, 1905, ch. 592, § 20
33 Stat. 729
Mar. 3, 1911, ch. 231, § 291
36 Stat. 1167
June 25, 1936, ch. 804
49 Stat. 1921
Pub. L. 106–43
Pub. L. 100–667
Pub. L. 98–473
Pub. L. 93–596
section 136 of Pub. L. 100–667
section 4 of Pub. L. 93–596
64 Stat. 1263

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cites case law

§ 1118

Destruction of infringing articles

Stat.×3

Stat. Comp.×1

U.S.C.×1

ActJuly 5, 1946, ch. 540

Stat.60 Stat. 440

Pub. L.Pub. L. 93–596, § 1

Stat.88 Stat. 1949

Pub. L.Pub. L. 98–473, title II, § 1503(3)

Cites 27 · showing 9Cited by 5 across 3 sources