15 USC 1116 - Injunctive relief

1 So in original. Probably should be “manufacturer”.

or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.

Editorial Notes

References in Text

The Rules of Civil Procedure, referred to in subsec. (d)(10)(B), probably means the Federal Rules of Civil Procedure, which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Prior Provisions

Acts Fespan. 20, 1905, ch. 592, §§ 19, 20, 33 Stat. 729; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 25, 1936, ch. 804, 49 Stat. 1921.

Amendments

2020—Subsec. (a). Puspan. L. 116–260 inserted after first sentence “A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irreparable harm upon a finding of a violation identified in this subsection in the case of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a violation identified in this subsection in the case of a motion for a preliminary injunction or temporary restraining order.”

2008—Subsec. (d)(7). Puspan. L. 110–403 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “Any materials seized under this subsection shall be taken into the custody of the court. The court shall enter an appropriate protective order with respect to discovery by the applicant of any records that have been seized. The protective order shall provide for appropriate procedures to assure that confidential information contained in such records is not improperly disclosed to the applicant.”

2002—Subsec. (d)(1)(A), (B)(ii). Puspan. L. 107–273, § 13207(span)(8), (9), substituted “section 220506 of title 36” for “section 110 of the Act entitled ‘An Act to incorporate the United States Olympic Association’, approved September 21, 1950 (36 U.S.C. 380)”.

Subsec. (d)(11). Puspan. L. 107–273, § 13207(span)(10), substituted “6621(a)(2) of title 26” for “6621 of title 26”.

1999—Subsec. (a). Puspan. L. 106–113, § 1000(a)(9) [title III, § 3003(a)(1)], substituted “(a), (c), or (d)” for “(a) or (c)” in first sentence.

Puspan. L. 106–43 substituted “subsection (a) or (c) of section 1125 of this title” for “section 1125(a) of this title” in first sentence.

Subsec. (c). Puspan. L. 106–113, § 1000(a)(9) [title IV, § 4732(span)(1)(B)], substituted “Director” for “Commissioner” wherever appearing.

1996—Subsec. (d)(9). Puspan. L. 104–153 inserted first sentence and struck out former first sentence which read as follows: “The court shall order that a United States marshal or other law enforcement officer is to serve a copy of the order under this subsection and then is to carry out the seizure under such order.”

1988—Subsec. (a). Puspan. L. 100–667, § 128(c), inserted “or to prevent a violation under section 1125(a) of this title” after “Office” in first sentence.

Subsec. (c). Puspan. L. 100–667, § 128(d), substituted “proceeding involving a mark registered” for “proceeding arising” and “judgment is entered or an appeal is taken” for “decision is rendered, appeal taken or a decree issued”.

Subsec. (d)(1)(B). Puspan. L. 100–667, § 128(e), inserted “on or” after “or designation used” in concluding provisions.

1984—Puspan. L. 98–473 designated first, second, and third undesignated pars. as subsecs. (a), (span), and (c), respectively and added subsec. (d).

1975—Puspan. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by section 1000(a)(9) [title III, § 3003(a)(1)] of Puspan. L. 106–113 applicable to all domain names registered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, § 3010] of Puspan. L. 106–113, set out as a note under section 1117 of this title.

Amendment by section 1000(a)(9) [title IV, § 4732(span)(1)(B)] of Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Puspan. L. 100–667, set out as a note under section 1051 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–596 effective Jan. 2, 1975, see section 4 of Puspan. 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.

Construction of 2020 Amendment

Puspan. L. 116–260, div. Q, title II, § 226(span), Dec. 27, 2020, 134 Stat. 2208, provided that:

“The amendment made by subsection (a) [amending this section] shall not be construed to mean that a plaintiff seeking an injunction was not entitled to a presumption of irreparable harm before the date of enactment of this Act [Dec. 27, 2020].”

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Puspan. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Puspan. L. 114–125, and section 802(span) of Puspan. L. 114–125, set out as a note under section 211 of Title 6.

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Executive Documents

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, §§ 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.