§1158 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It punishes anyone who fakes, copies, misuses, or lies to get the federal trademark used by the Indian Arts and Crafts Board. That includes putting a fake or copied mark on products, labels, signs, packaging, or containers used to sell those products, or making false statements to obtain the mark. For a first offense, a person can be fined under federal law, jailed up to 5 years, or both; a business or other organization can be fined up to $1,000,000. For later offenses, a person can be fined up to $1,000,000 or jailed up to 15 years, or both; a business or other organization can be fined up to $5,000,000. A court can also order the activity to stop.

Title 18, §1158

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

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 reviser’s note under section 1157 of this title.) Minor changes were made in phraseology.

Editorial Notes

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).

Executive Documents

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.

§1158 Counterfeiting Indian Arts and Crafts Board Trade Mark