Title 17, CopyrightsRelease 119-110
§1326 Penalty for False Marking
Title 17 › CHAPTER 13 — PROTECTION OF ORIGINAL DESIGNS › § 1326
Summary
Anyone who, to trick people, labels, attaches, or uses in ads a claim that a design is protected when they know it is not must pay up to $500 for each time they do it. Any person can sue to get that fine; if they win, half goes to the person who sued and the other half goes to the United States.
Full Legal Text
Title 17, §1326
Copyrights, Source: USLM XML via OLRC
(a)In General.—
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)Suit by Private Persons.—
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 17, Copyrights
Last Updated
Sep 22, 2026
Release point: 119-110