15 U.S.C. § 1118
Destruction of infringing articles
United States · Title 15 — COMMERCE AND TRADE · Status: effective
Cite this
- Citation
- 15 U.S.C. § 1118, Destruction of infringing articles, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/440903
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Full text
In any action arising under this chapter, in which a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125(a) of this title, or a willful violation under section 1125(c) of this title, shall have been established, the court may order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of the defendant, bearing the registered mark or, in the case of a violation of section 1125(a) of this title or a willful violation under section 1125(c) of this title, the word, term, name, symbol, device, combination thereof, designation, description, or representation that is the subject of the violation, or any reproduction, counterfeit, copy, or colorable imitation thereof, and all plates, molds, matrices, and other means of making the same, shall be delivered up and destroyed. The party seeking an order under this section for destruction of articles seized under section 1116(d) of this title shall give ten days’ notice to the United States attorney for the judicial district in which such order is sought (unless good cause is shown for lesser notice) and such United States attorney may, if such destruction may affect evidence of an offense against the United States, seek a hearing on such destruction or participate in any hearing otherwise to be held with respect to such destruction.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- A bill to amend the Trademark Act of 1946 and title 35 of the United States Code to change the name of the Patent Office to the "Patent and Trademark Office".House: no recorded tallySenate: no recorded tally
- A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.House: no recorded tallySenate: no recorded tally
- Trademark Law Revision Act of 1988House: no recorded tallySenate: no recorded tally
- Trademark Amendments Act of 1999House: no recorded tallySenate: no recorded tally