§ 1118. Destruction of infringing articles

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 79–540 · 60 Stat. 427

   Enacted · 15 U.S.C. § 1118

   July 5, 1946, ch. 540, title VI, § 36, 60 Stat. 440

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title VI, § 36, 60 Stat. 440

2. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1118

   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”

   Source evidence

   Code amendment note
   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

   Enacted provision · exact public law section
   Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.

3. 1984

   Trademark Counterfeiting Act of 1984

   Pub. L. 98–473 title II § 1503(3) · 98 Stat. 1837

   Inserted · 15 U.S.C. § 1118

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (3) in section 36 (15 U.S.C. 1118), by adding at the end of such section “The party seeking an order under this section for destruction of articles seized under section 34(d) (15 U.S.C. Ante, p. 2179. 1116(d)) 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.”.

4. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 title I § 130 · 102 Stat. 3935

   Inserted · 15 U.S.C. § 1118

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   SEC. 130. DESTRUCTION OF INFRINGING ARTICLES. Section 36 (15 U.S.C. 1118) is amended in the first sentence— (1) by inserting “, or a violation under section 43(a),” after “Office”; and (2) by inserting after “registered mark” the following: “or, in the case of a violation of section 43(a), the word, term, name, symbol, device, combination thereof, designation, description, or representation that is the subject of the violation,”.

   Effective date note
   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.

5. 1999

   Trademark Amendments Act of 1999

   Pub. L. 106–43 § 3(c) · 113 Stat. 218

   1. Substituted · 15 U.S.C. § 1118

      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,”

   2. Inserted · 15 U.S.C. § 1118

      Pub. L. 106–43, in first sentence, inserted “or a willful violation under section 1125(c) of this title” before “, the word,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (c) Destruction of Articles.— Section 36 of the Trademark Act of 1946 (15 U.S.C. 1118) is amended in the first sentence— (1) by striking “or a violation under section 43(a),” and inserting “a violation under section 43(a), or a willful violation under section 43(c),”; and (2) by inserting after “in the case of a violation of section 43(a)” the following: “or a willful violation under section 43(c)”.

5 of 6 references resolved to an enrolled provision · 1 partial