United States Code/Title 17/Chapter 13/Sections 1324 and 1325
|←←§ 1323. Recovery for infringement||United States Code
Title 17, Chapter 13, §§ 1324 and 1325
|§ 1326. Penalty for false marking→→|
|From the U.S. Copyright Office.: Added by sec. 502 of the Vessel Hull Design Protection Act (Pub. L. 105-304, Oct. 28, 1998, 112 Stat. 2860), with effect from October 28, 1998.|
§ 1324—Power of court over registration
In any action involving the protection of a design under this chapter, the court, when appropriate, may order registration of a design under this chapter or the cancellation of such a registration. Any such order shall be certified by the court to the Administrator, who shall make an appropriate entry upon the record.
§ 1325—Liability for action on registration fraudulently obtained
Any person who brings an action for infringement knowing that registration of the design was obtained by a false or fraudulent representation materially affecting the rights under this chapter, shall be liable in the sum of $10,000, or such part of that amount as the court may determine. That amount shall be to compensate the defendant and shall be charged against the plaintiff and paid to the defendant, in addition to such costs and attorney’s fees of the defendant as may be assessed by the court.
Sections 1324 and 1325 were added by sec. 502 of the Vessel Hull Design Protection Act (Pub. L. 105-304, Oct. 28, 1998, 112 Stat. 2860), with effect from October 28, 1998.