18-U.S.C.-1158
§1158 – Counterfeiting Indian Arts and Crafts Board Trade Mark
Pathway
Title 18 > Part I > Chapter 53 > Section 1158
Details
- Reference: Section 1158
- Legend: §1158 – Counterfeiting Indian Arts and Crafts Board Trade Mark
- USCode Year: 2013
Provision Content
Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Department of the Interior as provided in section 305a of Title 25, or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, willfully, and corruptly affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products; or
Whoever knowingly makes any false statement for the purpose of obtaining the use of any such Government trade mark—
Shall (1) in the case of a first violation, if an individual, be fined under this title or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and (2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000; and (3) shall be enjoined from further carrying on the act or acts complained of.
(June 25, 1948, ch. 645, 62 Stat. 759; Pub. L. 101–644, title I, §106, Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103–322, title XXXIII, §330016(1)(U), Sept. 13, 1994, 108 Stat. 2148.)
Historical and Revision Notes
Based on section 305d of title 25, U.S.C., 1940 ed., Indians (Aug. 27, 1935, ch. 748, §5, 49 Stat. 892).
The reference to the offense as a misdemeanor was omitted as unnecessary in view of the definition of misdemeanor in section 1 of this title.
The words upon conviction thereof were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured.
Maximum fine was changed from $2,000 to $500 to bring the offense within the category of petty offenses defined by section 1 of this title. (See revisers note under section 1157 of this title.)
Minor changes were made in phraseology.
Amendments
1994—Pub. L. 103–322 substituted fined under this title for fined not more than $250,000 in third par.
1990—Pub. L. 101–644, in third par., added cls. (1) and (2), struck out be fined not more than $500 or imprisoned not more than six months, or both; and after Shall, and designated remaining provision at end as cl. (3).
Transfer of Functions
Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 3 of 1950 §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-1111 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-1111, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
18-U.S.C.-1153 in the Legal Encyclopedia: Crimes
In this entry about 18-U.S.C.-1153, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
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