Title 15 — Commerce and Trade
Chapter 48 — Hobby Protection
§ 2102. Private enforcement
Statutory text
In general
If any person violates section 2101(a) or (b) of this title or a rule under section 2101(c) of this title, any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defendant resides, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28. In any such action, the court may award the costs of the suit, including reasonable attorneys’ fees.
Trademark violations
If the violation of section 2101(a) or (b) of this title or a rule under section 2101(c) of this title also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118) for violations of such Act.
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.
Hobby Protection Act
Pub. L. 93–167 § 3 · 87 Stat. 686
Enacted · 15 U.S.C. § 2102
Pub. L. 93–167, § 3, Nov. 29, 1973, 87 Stat. 686
Source evidence
Code source credit
Pub. L. 93–167, § 3, Nov. 29, 1973, 87 Stat. 686Enacted provision · exact public law section
Sec. 3. private enforcement If any person violates section 2 (a) or (b) or a rule under section 2(c), any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defendant resides or has an agent. In any such action, the court may award the costs of the suit, including reasonable attorneys’ fees.Collectible Coin Protection Act
Pub. L. 113–288 § 2(2) · 128 Stat. 3281
Amended · 15 U.S.C. § 2102
Pub. L. 113–288 designated existing provisions as subsec. (a)
Inserted · 15 U.S.C. § 2102
Pub. L. 113–288 inserted heading
Substituted · 15 U.S.C. § 2102
Pub. L. 113–288 substituted “, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28” for “or has an agent”
Added · 15 U.S.C. § 2102
Pub. L. 113–288 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 113–288 designated existing provisions as subsec. (a), inserted heading, substituted “, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28” for “or has an agent”, and added subsec. (b).Enacted provision · exact public law section
(2) 15 USC 2102. in section 3— (A) by striking “If any person” and inserting “(a) In General.—If any person”; (B) by striking “or has an agent” and inserting “, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28, United States Code”; and (C) by adding at the end the following: “(b) Trademark Violations.— If the violation of section 2 (a) or (b) or a rule under section 2(c) also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118) for violations of such Act.” ; and
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
The Trademark Act of 1946, referred to in subsec. (b), is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§ 1051 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of this title and Tables.
Amendments
2014—Pub. L. 113–288 designated existing provisions as subsec. (a), inserted heading, substituted “, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28” for “or has an agent”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable only to imitation political items and imitation numismatic items manufactured after , see section 8 of Pub. L. 93–167, set out as a note under section 2101 of this title.
Credits
1973–2014 · 2 acts
- 1973Pub. L. 93–167, § 3, , 87 Stat. 686
- 2014Pub. L. 113–288, § 2(2), , 128 Stat. 3281.
Show as published
(Pub. L. 93–167, § 3, , 87 Stat. 686; Pub. L. 113–288, § 2(2), , 128 Stat. 3281.)