Title 17CopyrightsRelease 119-73not60

§1326 Penalty for False Marking

Title 17 › Chapter 13— PROTECTION OF ORIGINAL DESIGNS › § 1326

Last updated Apr 5, 2026|Official source

Summary

Anyone who knowingly marks a product or its ads as protected when it is not must pay up to $500 per offense. Anyone may sue; half the fine goes to the person who sued and half to the United States.

Full Legal Text

Title 17, §1326

Copyrights — Source: USLM XML via OLRC

(a)Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a design which is not protected under this chapter, a design notice specified in section 1306, or any other words or symbols importing that the design is protected under this chapter, knowing that the design is not so protected, shall pay a civil fine of not more than $500 for each such offense.
(b)Any person may sue for the penalty established by subsection (a), in which event one-half of the penalty shall be awarded to the person suing and the remainder shall be awarded to the United States.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1326

Title 17Copyrights

Last Updated

Apr 5, 2026

Release point: 119-73not60