Page:United States Statutes at Large Volume 110 Part 2.djvu/596

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110 STAT. 1388 PUBLIC LAW 104-153-^ULY 2, 1996 SEC. 6. SEIZURE OF COUNTERFEIT GOODS. Section 34(d)(9) of the Act of July 5, 1946 (60 Stat. 427, chapter 540; 15 U.S.C. 1116(d)(9)), is amended by striking the first sentence Courts. and inserting the following: "The court shall order that service of a copy of the order under this subsection shall be made by a Federal law enforcement officer (such as a United States marshal or an officer or agent of the United States Customs Service, Secret Service, Federal Bureau of Investigation, or Post Office) or may be made by a State or local law enforcement officer, who, upon making service, shall carry out the seizure under the order,". SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS. Section 35 of the Act of July 5, 1946 (60 Stat. 427, chapter 540; 15 U.S.C. 1117), is amended by adding at the end the following new subsection: "(c) In a case involving the use of a counterfeit mark (as defined in section 34(d) (15 U.S.C. 1116(d)) 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), 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 tj^e 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 meirk 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.". SEC. 8. DISPOSITION OF EXCLUDED ARTICLES. Section 603(c) of title 17, United States Code, is amended in the second sentence by striking "as the case may be;" and all that follows through the end and inserting "as the case may be.". SEC. 9. DISPOSITION OF MERCHANDISE BEARING AMERICAN TRADE- MARK. Section 526(e) of the Tariff Act of 1930 (19 U.S.C. 1526(e)) is amended— (1) in the second sentence, by inserting "destroy the merchandise. Alternatively, if the merchandise is not unsafe or a hazard to health, and the Secretary has the consent of the trademark owner, the Secretary raay" after "shall, after forfeiture,"; (2) by inserting "or" at the end of paragraph (2); (3) by striking ", or" at the end of paragraph (3) and inserting a period; and (4) by striking paragraph (4). SEC. 10. CIVIL PENALTIES. Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended by adding at the end the following new subsection: "(f) CIVIL PENALTIES.—(1) Any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that is seized under subsection (e) shall be subject to a civil fine.