Wrongful use of trade-marks

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  • Whoever—
    • (1) falsely makes or counterfeits a trade-mark;

    • (2) affixes to any article of merchandise—

      • (A) a false or counterfeit trade-mark, knowing the same to be false or counterfeit; or

      • (B) the genuine trade-mark or an imitation of the trade-mark of another, without the latter's consent;

    • (3) knowingly sells, or keeps or offers for sale, an article of merchandise to which is affixed a false or counterfeit trade-mark or the genuine trade-mark or an imitation of the trade-mark of another, without the latter's consent;

    • (4) has in his possession a counterfeit trade-mark, knowing it to be counterfeit, or a die, plate, brand or other thing for the purpose of falsely making or counterfeiting a trade-mark;

    • (5) makes or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, an article of merchandise with such a trade-mark or label as to appear to indicate the quantity, quality, character, place of manufacture or production, or persons manufacturing, packing, bottling, boxing or producing the article, but not indicating it truly;

    • (6) knowingly sells, offers or exposes for sale, any goods which are represented in any manner, by word or deed, to be the manufacture, packing, bottling, boxing or product of any person other than himself, unless such goods are contained in the original packages, box or bottle and under the labels, marks or names placed thereon by the manufacturer who is entitled to use such marks, names, brands, or trade-marks;

    • (7) sells, or exposes for sale any goods in bulk, to which no label or trade-mark is attached, and by representation, name or mark written or printed thereon, represents that such goods are the production or manufacture of a person who is not the manufacturer; or

    • (8) knowingly sells, offers or exposes for sale any article of merchandise and orally or by representation, name or mark written or printed thereon, attached thereto or used in connection therewith or by advertisement, or by any other manner whatsoever—

      • (A) makes any false representation as to the person by whom such article of merchandise or the material thereof was made, or was in whole or in part produced, manufactured, finished, processed, treated, marketed, packed, bottled or boxed; or

      • (B) falsely represents that such article of merchandise or the material or any part thereof has or may properly have any trade-mark attached to it or used in connection with it, or is, or is or may properly be indicated or identified by any trade-mark—

      shall be fined not more than $5,000 or imprisoned not more than 3 years, or both.


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