
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1117]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 1117. Recovery for violation of rights


(a) Profits; damages and costs; attorney fees

    When a violation of any right of the registrant of a mark registered 
in the Patent and Trademark Office, a violation under section 1125(a), 
(c), or (d) of this title, or a willful violation under section 1125(c) 
of this title, shall have been established in any civil action arising 
under this chapter, the plaintiff shall be entitled, subject to the 
provisions of sections 1111 and 1114 of this title, and subject to the 
principles of equity, to recover (1) defendant's profits, (2) any 
damages sustained by the plaintiff, and (3) the costs of the action. The 
court shall assess such profits and damages or cause the same to be 
assessed under its direction. In assessing profits the plaintiff shall 
be required to prove defendant's sales only; defendant must prove all 
elements of cost or deduction claimed. In assessing damages the court 
may enter judgment, according to the circumstances of the case, for any 
sum above the amount found as actual damages, not exceeding three times 
such amount. If the court shall find that the amount of the recovery 
based on profits is either inadequate or excessive the court may in its 
discretion enter judgment for such sum as the court shall find to be 
just, according to the circumstances of the case. Such sum in either of 
the above circumstances shall constitute compensation and not a penalty. 
The court in exceptional cases may award reasonable attorney fees to the 
prevailing party.

(b) Treble damages for use of counterfeit mark

    In assessing damages under subsection (a) of this section, the court 
shall, unless the court finds extenuating circumstances, enter judgment 
for three times such profits or damages, whichever is greater, together 
with a reasonable attorney's fee, in the case of any violation of 
section 1114(1)(a) of this title or section 220506 of title 36 that 
consists of intentionally using a mark or designation, knowing such mark 
or designation is a counterfeit mark (as defined in section 1116(d) of 
this title), in connection with the sale, offering for sale, or 
distribution of goods or services. In such cases, the court may in its 
discretion award prejudgment interest on such amount at an annual 
interest rate established under section 6621 of title 26, commencing on 
the date of the service of the claimant's pleadings setting forth the 
claim for such entry and ending on the date such entry is made, or for 
such shorter time as the court deems appropriate.

(c) Statutory damages for use of counterfeit marks

    In a case involving the use of a counterfeit mark (as defined in 
section 1116(d) of this title) in connection with the sale, offering for 
sale, or distribution of goods or services, the plaintiff may elect, at 
any time before final judgment is rendered by the trial court, to 
recover, instead of actual damages and profits under subsection (a) of 
this section, an award of statutory damages for any such use in 
connection with the sale, offering for sale, or distribution of goods or 
services in the amount of--
        (1) not less than $500 or more than $100,000 per counterfeit 
    mark per type of goods or services sold, offered for sale, or 
    distributed, as the court considers just; or
        (2) if the court finds that the use of the counterfeit mark was 
    willful, not more than $1,000,000 per counterfeit mark per type of 
    goods or services sold, offered for sale, or distributed, as the 
    court considers just.

(d) Statutory damages for violation of section 1125(d)(1)

    In a case involving a violation of section 1125(d)(1) of this title, 
the plaintiff may elect, at any time before final judgment is rendered 
by the trial court, to recover, instead of actual damages and profits, 
an award of statutory damages in the amount of not less than $1,000 and 
not more than $100,000 per domain name, as the court considers just.

(July 5, 1946, ch. 540, title VI, Sec. 35, 60 Stat. 439; Pub. L. 87-772, 
Sec. 19, Oct. 9, 1962, 76 Stat. 774; Pub. L. 93-596, Sec. 1, Jan. 2, 
1975, 88 Stat. 1949; Pub. L. 93-600, Sec. 3, Jan. 2, 1975, 88 Stat. 
1955; Pub. L. 98-473, title II, Sec. 1503(2), Oct. 12, 1984, 98 Stat. 
2182; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 
100-667, title I, Sec. 129, Nov. 16, 1988, 102 Stat. 3945; Pub. L. 104-
153, Sec. 7, July 2, 1996, 110 Stat. 1388; Pub. L. 106-43, Sec. 3(b), 
Aug. 5, 1999, 113 Stat. 219; Pub. L. 106-113, div. B, Sec. 1000(a)(9) 
[title III, Sec. 3003(a)(2), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
549.)

                          Codification

    ``Section 220506 of title 36'' substituted in subsec. (b) for 
``section 110 of the Act entitled `An Act to incorporate the United 
States Olympic Association', approved September 21, 1950 (36 U.S.C. 
380)'', on authority of Pub. L. 105-225, Sec. 5(b), Aug. 12, 1998, 112 
Stat. 1499, the first section of which enacted Title 36, Patriotic and 
National Observances, Ceremonies, and Organizations.


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Secs. 16, 19, 33 Stat. 728, 729; Mar. 
19, 1920, ch. 104, Sec. 4, 41 Stat. 534.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title III, 
Sec. 3003(a)(2)], inserted ``, (c), or (d)'' after ``section 1125(a)'' 
in first sentence.
    Pub. L. 106-43 substituted ``a violation under section 1125(a) of 
this title, or a willful violation under section 1125(c) of this 
title,'' for ``or a violation under section 1125(a) of this title,'' in 
first sentence.
    Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(9) [title III, 
Sec. 3003(b)], added subsec. (d).
    1996--Subsec. (c). Pub. L. 104-153 added subsec. (c).
    1988--Subsec. (a). Pub. L. 100-667 inserted ``, or a violation under 
section 1125(a) of this title,'' after ``Office'' in first sentence.
    1986--Subsec. (b). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes 
of codification was translated as ``title 26'' thus requiring no change 
in text.
    1984--Pub. L. 98-473 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1975--Pub. L. 93-600 inserted provisions relating to awarding of 
attorney fees in exceptional cases.
    Pub. L. 93-596 substituted ``Patent and Trademark Office'' for 
``Patent Office''.
    1962--Pub. L. 87-772 substituted ``1114'' for ``1113(1)(b)''.


                    Effective Date of 1999 Amendment

    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3010], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided that: ``Sections 
3002(a), 3003, 3004, 3005, and 3008 of this title [amending this section 
and sections 1114, 1116, 1125, and 1127 of this title, and enacting 
provisions set out as a note under section 1051 of this title] shall 
apply to all domain names registered before, on, or after the date of 
the enactment of this Act [Nov. 29, 1999], except that damages under 
subsection (a) or (d) of section 35 of the Trademark Act of 1946 (15 
U.S.C. 1117), as amended by section 3003 of this title, shall not be 
available with respect to the registration, trafficking, or use of a 
domain name that occurs before the date of the enactment of this Act.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988, 
see section 136 of Pub. L. 100-667, set out as a note under section 1051 
of this title.


                    Effective Date of 1975 Amendments

    Amendment by Pub. L. 93-600 effective Jan. 2, 1975, but not to 
affect any suit, proceeding, or appeal then pending, see section 4 of 
Pub. L. 93-600, set out as a note under section 1063 of this title.
    Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of 
Pub. L. 93-596, set out as a note under section 1111 of this title.


                  Repeal and Effect on Existing Rights

    Repeal of inconsistent provisions, effect of this chapter on pending 
proceedings and existing registrations and rights under prior acts, see 
notes set out under section 1051 of this title.

                          Transfer of Functions

    For 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, 
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in 
the Appendix to Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 1122, 1125 of this title.
