
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: 15USC1118]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 1118. Destruction of infringing articles

    In any action arising under this chapter, in which a violation of 
any right of the registrant of a mark registered in the Patent and 
Trademark Office, a violation under section 1125(a) of this title, or a 
willful violation under section 1125(c) of this title, shall have been 
established, the court may order that all labels, signs, prints, 
packages, wrappers, receptacles, and advertisements in the possession of 
the defendant, bearing the registered mark or, in the case of a 
violation of section 1125(a) of this title or a willful violation under 
section 1125(c) of this title, the word, term, name, symbol, device, 
combination thereof, designation, description, or representation that is 
the subject of the violation, or any reproduction, counterfeit, copy, or 
colorable imitation thereof, and all plates, molds, matrices, and other 
means of making the same, shall be delivered up and destroyed. The party 
seeking an order under this section for destruction of articles seized 
under section 1116(d) of this title shall give ten days' notice to the 
United States attorney for the judicial district in which such order is 
sought (unless good cause is shown for lesser notice) and such United 
States attorney may, if such destruction may affect evidence of an 
offense against the United States, seek a hearing on such destruction or 
participate in any hearing otherwise to be held with respect to such 
destruction.

(July 5, 1946, ch. 540, title VI, Sec. 36, 60 Stat. 440; Pub. L. 93-596, 
Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 98-473, title II, 
Sec. 1503(3), Oct. 12, 1984, 98 Stat. 2182; Pub. L. 100-667, title I, 
Sec. 130, Nov. 16, 1988, 102 Stat. 3945; Pub. L. 106-43, Sec. 3(c), Aug. 
5, 1999, 113 Stat. 219.)


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Sec. 20, 33 Stat. 729; Mar. 3, 1911, 
ch. 231, Sec. 291, 36 Stat. 1167; June 25, 1936, ch. 804, 49 Stat. 1921.


                               Amendments

    1999--Pub. L. 106-43, in first sentence, 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,'' and inserted ``or a willful violation under 
section 1125(c) of this title'' before ``, the word,''.
    1988--Pub. L. 100-667 inserted in first sentence ``, or a violation 
under section 1125(a) of this title,'' after ``Office'' and ``or, in the 
case of a violation of section 1125(a) of this title, the word, term, 
name, symbol, device, combination thereof, designation, description, or 
representation that is the subject of the violation,'' after 
``registered mark''.
    1984--Pub. L. 98-473 inserted ``The party seeking an order under 
this section for destruction of articles seized under section 1116(d) of 
this title shall give ten days' notice to the United States attorney for 
the judicial district in which such order is sought (unless good cause 
is shown for lesser notice) and such United States attorney may, if such 
destruction may affect evidence of an offense against the United States, 
seek a hearing on such destruction or participate in any hearing 
otherwise to be held with respect to such destruction.''
    1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for 
``Patent Office''.


                    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 Amendment

    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.
