section 1125(a) of this titlesection 1125(c) of this titlesection 1125(a) of this titlesection 1125(c) of this titlesection 1116(d) of this titleIn 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 , or a willful violation under , 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 or a willful violation under , 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 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. 54060 Stat. 440Pub. L. 93–596, § 188 Stat. 1949Pub. L. 98–473, title II, § 1503(3)98 Stat. 2182Pub. L. 100–667, title I, § 130102 Stat. 3945Pub. L. 106–43, § 3(c)113 Stat. 219(, title VI, § 36, ; , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
Feb. 20, 1905, ch. 592, § 2033 Stat. 729Mar. 3, 1911, ch. 231, § 29136 Stat. 1167June 25, 1936, ch. 80449 Stat. 1921Acts , ; , ; , .
Amendments
Pub. L. 106–43section 1125(a) of this titlesection 1125(c) of this titlesection 1125(a) of this titlesection 1125(c) of this title1999—, in first sentence, substituted “a violation under , or a willful violation under ,” for “or a violation under ,” and inserted “or a willful violation under ” before “, the word,”.
Pub. L. 100–667section 1125(a) of this titlesection 1125(a) of this title1988— inserted in first sentence “, or a violation under ,” after “Office” and “or, in the case of a violation of , the word, term, name, symbol, device, combination thereof, designation, description, or representation that is the subject of the violation,” after “registered mark”.
Pub. L. 98–473section 1116(d) of this title1984— inserted “The party seeking an order under this section for destruction of articles seized under 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.”
Pub. L. 93–5961975— substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .
Effective Date of 1975 Amendment
Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of this titleAmendment by effective , see , set out as a note under .
Repeal and Effect on Existing Rights
section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .
Executive Documents
Transfer of Functions
64 Stat. 1263For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.