PRIA, Government Policy, Made Personal

Summary

Anyone hurt by a break of section 2101(a) or (b) or a rule under 2101(c) may file a civil lawsuit to stop the violation and seek money damages. The suit can be brought in a U.S. District Court where the defendant lives, has an agent, does business, or where venue is proper under section 1391 of title 28. The court may make the losing side pay court costs, including reasonable lawyer fees. If the violation also uses a collectibles certification service’s registered trademarks without permission, the trademark owner also gets the remedies listed in sections 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118).

Title 15, §2102

Commerce and Trade, Source: USLM XML via OLRC

(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 defendant 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 attorneys’ 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 certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under section 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118) for violations of such Act.

Notes & Related Subsidiaries

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.

§2102 Private Enforcement