-CITE-

15 USC CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR

GOODS MANUFACTURED THEREFROM 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED

THEREFROM

.

-HEAD-

CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED

THEREFROM

-MISC1-

Sec.

291. Stamping with words ''United States assay'', etc., unlawful.

292. Forfeiture.

293. Penalty for infraction.

294. Importation or transportation of falsely marked gold or silver

ware prohibited.

295. Standard of fineness of gold articles; deviation.

296. Standard of fineness of silver articles; deviation.

297. Stamping plated articles.

(a) Words ''sterling'' or ''coin'' forbidden.

(b) Identifying trademark.

298. Violations of law.

(a) Criminal prosecutions; penalties; jurisdiction.

(b) Suits by competitors, customers, or subsequent

purchasers for injunctive relief; damages and

costs.

(c) Suits by jewelry trade associations for

injunctive relief; damages and costs.

(d) Award of costs to defendant.

(e) Jurisdiction of civil actions.

299. Definitions.

300. Application of State laws.

-CITE-

15 USC Sec. 291 01/06/03

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CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED

THEREFROM

-HEAD-

Sec. 291. Stamping with words ''United States assay'', etc.,

unlawful

-STATUTE-

It shall be unlawful for any person, partnership, association, or

corporation engaged in commerce among the several States,

Territories, District of Columbia, and possessions of the United

States, or with any foreign country, to stamp any gold, silver, or

goods manufactured therefrom, and which are intended and used in

such commerce, with the words ''United States assay'', or with any

words, phrases, or devices calculated to convey the impression that

the United States Government has certified to the fineness or

quality of such gold or silver, or of the gold or silver contained

in any of the goods manufactured therefrom. Each and every such

stamp shall constitute a separate offense.

-SOURCE-

(Feb. 21, 1905, ch. 720, Sec. 1, 33 Stat. 732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 292, 293 of this title.

-CITE-

15 USC Sec. 292 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED

THEREFROM

-HEAD-

Sec. 292. Forfeiture

-STATUTE-

Any gold, silver, or goods manufactured therefrom after February

21, 1905, bearing any of the stamps, words, phrases, or devices

prohibited to be used under section 291 of this title, and being in

the course of transportation from one State to another, or to or

from a Territory, the District of Columbia, or possessions of the

United States, shall be forfeited to the United States, and may be

seized and condemned by like proceedings as those provided by law

for the forfeiture, seizure, and condemnation of property imported

into the United States contrary to law.

-SOURCE-

(Feb. 21, 1905, ch. 720, Sec. 3, 33 Stat. 732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 293 of this title.

-CITE-

15 USC Sec. 293 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED

THEREFROM

-HEAD-

Sec. 293. Penalty for infraction

-STATUTE-

Every person, partnership, association, or corporation violating

the provisions of sections 291 to 293 of this title, and every

officer, director, or managing agent of such partnership,

association, or corporation having knowledge of such violation and

directly participating in such violation or consenting thereto,

shall be deemed guilty of a misdemeanor, and, upon conviction, be

punished with a fine of not more than $5,000 or imprisonment for

not more than one year, or both, at the discretion of the court.

-SOURCE-

(Feb. 21, 1905, ch. 720, Sec. 2, 33 Stat. 732.)

-CITE-

15 USC Sec. 294 01/06/03

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THEREFROM

-HEAD-

Sec. 294. Importation or transportation of falsely marked gold or

silver ware prohibited

-STATUTE-

It shall be unlawful for any person, firm, corporation, or

association, being a manufacturer of or wholesale or retail dealer

in gold or silver jewelry or gold ware, silver goods or silverware,

or for any officer, manager, director, or agent of such firm,

corporation, or association to import or export or cause to be

imported into or exported from the United States for the purpose of

selling or disposing of the same, or to deposit or cause to be

deposited in the United States mails for transmission thereby, or

to deliver or cause to be delivered to any common carrier for

transportation from one State, Territory, or possession of the

United States, or the District of Columbia, to any other State,

Territory, or possession of the United States, or to said District,

in interstate commerce, or to transport or cause to be transported

from one State, Territory, or possession of the United States, or

from the District of Columbia, to any other State, Territory, or

possession of the United States, or to said District, in interstate

commerce, any article of merchandise manufactured after June 13,

1907, and made in whole or in part of gold or silver, or any alloy

of either of said metals, and having stamped, branded, engraved, or

printed thereon, or upon any tag, card, or label attached thereto,

or upon any box, package, cover, or wrapper in which said article

is incased or inclosed, any mark or word indicating or designed or

intended to indicate that the gold or silver or alloy of either of

said metals in such article is of a greater degree of fineness than

the actual fineness or quality of such gold, silver, or alloy,

according to the standards and subject to the qualifications set

forth in sections 295 and 296 of this title.

-SOURCE-

(June 13, 1906, ch. 3289, Sec. 1, 34 Stat. 260.)

-MISC1-

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-450, Sec. 1, Oct. 1, 1976, 90 Stat. 1501, provided:

''That this Act (amending section 295 of this title and enacting

provisions set out as a note under section 295 of this title) may

be cited as the 'Gold Labeling Act of 1976'.''

SHORT TITLE

Act June 13, 1906, ch. 3289, which enacted this section and

sections 295 to 300 of this title, is popularly known as the

''Jewelers' Liability Act (Gold and Silver Articles)'' and also as

the ''National Gold and Silver Stamping Act of 1906''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 295, 296, 297, 298, 299,

300 of this title.

-CITE-

15 USC Sec. 295 01/06/03

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THEREFROM

-HEAD-

Sec. 295. Standard of fineness of gold articles; deviation

-STATUTE-

In the case of articles of merchandise made in whole or in part

of gold or of any of its alloys so imported into or exported from

the United States, or so deposited in the United States mails for

transmission, or so delivered for transportation to any common

carrier, or so transported or caused to be transported as specified

in section 294 of this title, the actual fineness of such gold or

alloy shall not be less by more than three one-thousandth parts

than the fineness indicated by the mark stamped, branded, engraved,

or printed upon any part of such article, or upon any tag, card, or

label attached thereto, or upon any box, package, cover, or wrapper

in which such article is incased or inclosed: Provided, That in any

test for the ascertainment of the fineness of any article mentioned

in this section, according to the foregoing standards, the part of

the article taken for the test, analysis, or assay shall be such

part or portion as does not contain or have attached thereto any

solder or alloy of inferior fineness used for brazing or uniting

the parts of said article: Provided further, That, in addition to

the foregoing tests and standards, the actual fineness of the

entire quantity of gold or of its alloys contained in an article

mentioned in this section, including all solder and alloy of

inferior fineness used for brazing or uniting the parts of such

article (all such gold, alloys, and solder being assayed as one

piece), shall not be less by more than three one-thousandth parts,

in the case of a watchcase or flatware, or than seven

one-thousandth parts, in the case of any other such article, than

the fineness indicated by the mark stamped, branded, engraved, or

imprinted upon such article, or upon any tag, card, or label

attached thereto, or upon any box, package, cover, or wrapper in

which such article is incased or inclosed, it being intended that

the standards of fineness and the tests or methods for ascertaining

the same provided in this section for articles mentioned therein

shall be concurrent and not alternative.

-SOURCE-

(June 13, 1906, ch. 3289, Sec. 2, 34 Stat. 260; Pub. L. 94-450,

Sec. 2, Oct. 1, 1976, 90 Stat. 1501.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-450 substituted ''three one-thousandth parts''

for ''one-half of one carat'', ''in an article mentioned in this

section'' for ''in such article'', ''than three one-thousandth

parts, in the case of a watchcase or flatware, or than seven

one-thousandth parts, in the case of any other such article,'' for

''than one carat'', struck out ''in the case of any article

mentioned in this section'' which followed ''Provided, further,

That'', and exception which permitted the actual fineness of gold

or its alloys used for watchcases and flatware to be not less by

more than three one-thousandth parts the fineness indicated by

stamp or label.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 3 of Pub. L. 94-450 provided that: ''The amendments made

by section 2 of this Act (amending this section) shall take effect

five years after the date of enactment of this Act (Oct. 1, 1976)

and shall not apply with respect to any article of merchandise

which is sold by any manufacturer or importer before the effective

date of such amendments.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 294, 298, 299, 300 of

this title.

-CITE-

15 USC Sec. 296 01/06/03

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Sec. 296. Standard of fineness of silver articles; deviation

-STATUTE-

In the case of articles of merchandise made in whole or in part

of silver or any of its alloys so imported into or exported from

the United States, or so deposited in the United States mails for

transmission, or so delivered for transportation to any common

carrier, or so transported or caused to be transported as specified

in section 294 of this title, the actual fineness of the silver or

alloy thereof of which such article is wholly or partly composed

shall not be less by more than four one-thousandth parts than the

actual fineness indicated by any mark (other than the word

''sterling'' or the word ''coin'') stamped, branded, engraved, or

printed upon any part of such article, or upon any tag, card, or

label attached thereto, or upon any box, package, cover, or wrapper

in which such article is incased or inclosed; and that no such

article or tag, card, or label attached thereto, or box, package,

cover, or wrapper in which such article is incased or inclosed

shall be marked, stamped, branded, engraved, or printed with the

word ''sterling'' or ''sterling silver'' or any colorable imitation

thereof, unless such article or parts thereof purporting to be

silver contains nine hundred and twenty-five one-thousandth parts

pure silver; and that no such article, tag, card, label, box,

package, cover, or wrapper shall be marked, stamped, branded,

engraved, or printed with the words ''coin'' or ''coin silver'' or

colorable imitation thereof unless such article or parts thereof

purporting to be silver contains nine hundred one-thousandth parts

pure silver: Provided, That in the case of all such articles whose

fineness is indicated by the word ''sterling'' or the word ''coin''

there shall be allowed a divergence in the fineness of four

one-thousandth parts from the foregoing standards: Provided, That

in any test for the ascertainment of the fineness of any such

article mentioned in this section according to the foregoing

standards the part of the article taken for the test, analysis, or

assay shall be such part or portion as does not contain or have

attached thereto any solder or alloy of inferior fineness used for

brazing or uniting the parts of such article: Provided further,

That in the case of any article mentioned in this section, in

addition to the foregoing tests and standards, the actual fineness

of the entire quantity of silver or of its alloys contained in such

article, including all solder and alloy of inferior fineness used

for brazing or uniting the parts of such article (all such silver,

alloys, and solder being assayed as one piece), shall not be less

by more than ten one-thousandth parts than the fineness indicated

by the mark stamped, branded, engraved, or imprinted upon such

article, or upon any tag, card, or label attached thereto, or upon

any box, package, cover, or wrapper in which such article is

incased or inclosed, it being intended that the standards of

fineness and the tests or methods for ascertaining the same

provided in this section for articles mentioned therein shall be

concurrent and not alternative.

-SOURCE-

(June 13, 1906, ch. 3289, Sec. 3, 34 Stat. 261.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 294, 298, 299, 300 of

this title.

-CITE-

15 USC Sec. 297 01/06/03

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CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED

THEREFROM

-HEAD-

Sec. 297. Stamping plated articles

-STATUTE-

(a) Words ''sterling'' or ''coin'' forbidden

In the case of articles of merchandise made in whole or in part

of an inferior metal, having deposited or plated thereon or brazed

or otherwise affixed thereto a plating, covering, or sheet composed

of gold or silver, or of an alloy of either of said metals, and

known in the market as rolled gold plate, gold plate, gold filled,

silver plate, or gold or silver electroplate, or by any similar

designation, so imported into or exported from the United States,

or so deposited in the United States mails for transmission, or so

delivered to any common carrier, or so transported or caused to be

transported as specified in section 294 of this title, no such

article, nor any tag, card, or label attached thereto, nor any box,

package, cover, or wrapper in which such article is encased or

inclosed, shall be stamped, branded, engraved, or imprinted with

any word or mark usually employed to indicate the fineness of gold,

unless such word or mark be accompanied by other words, plainly

indicating that such article or part thereof is made of rolled gold

plate, gold plate, or gold electroplate, or is gold filled, as the

case may be, and no such article, nor any tag, card, or label

attached thereto, nor any box, package, cover, or wrapper in which

such article is incased or inclosed, shall be stamped, branded,

engraved, or imprinted with the word ''sterling'' or the word

''coin'', either alone or in conjunction with other words or marks.

(b) Identifying trademark

Whenever any person, firm, corporation, or association, being a

manufacturer or dealer subject to section 294 of this title -

(1) applies or causes to be applied to any article of

merchandise intended for sale or customarily sold as a complete

product to consumers in any State, by stamping, branding,

engraving, or otherwise, any quality mark or stamp indicating or

purporting to indicate that such article is made in whole or in

part of gold or silver or of an alloy of either such metal; or

(2) imports into any State any such article of merchandise

bearing any such quality mark or stamp which indicates or

purports to indicate that such article is made in whole or in

part of gold or silver or of an alloy of either such metal,

such person, firm, corporation, or association, before depositing

any such article manufactured or imported after six months after

the effective date of this Act in the United States mails, or

causing such article to be so deposited, for transmission thereby,

or delivering such article or causing such article to be delivered

to any common carrier for transportation from one State to any

other State, or transporting such article or causing such article

to be transported from one State to any other State, shall -

(A) Apply or cause to be applied to that article a trademark of

such persons, which has been duly registered or applied for

registration under the laws of the United States within thirty

days after an article bearing the trademark is placed in commerce

or imported into the United States, or the name of such person;

and

(B) if such article of merchandise is composed of two or more

parts which are complete in themselves but which are not

identical in quality, and any one of such parts bears such a

quality mark or stamp, apply or cause to be applied to each other

part of that article of merchandise a quality mark or stamp of

like pattern and size disclosing the quality of that other part.

Each identifying trademark or name applied to any article of

merchandise in compliance with clause (A) of this subsection shall

be applied to that article by the same means as that used in

applying the quality mark or stamp appearing thereon, in type or

lettering at least as large as that used in such quality mark or

stamp, and in a position as close as possible to that quality mark

or stamp. For the purposes of this subsection, the term ''State''

includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam,

American Samoa, and the District of Columbia.

-SOURCE-

(June 13, 1906, ch. 3289, Sec. 4, 34 Stat. 261; Pub. L. 87-354,

Sec. 1, Oct. 4, 1961, 75 Stat. 775; Pub. L. 91-366, Sec. 1(e), July

31, 1970, 84 Stat. 691.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this Act, referred to in subsec. (b), as

the first day of the third month beginning after Oct. 4, 1961, see

Effective Date of 1961 Amendment note set out under this section.

-MISC2-

AMENDMENTS

1970 - Subsec. (b). Pub. L. 91-366 struck out reference to the

trademark of a firm, corporation or association in cl. (A).

1961 - Pub. L. 87-354 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1970 AMENDMENT

Section 4 of Pub. L. 91-366 provided that: ''This Act (amending

this section and sections 298 and 299 of this title and enacting

provisions set out below) shall take effect three months after

enactment (July 31, 1970).''

EFFECTIVE DATE OF 1961 AMENDMENT

Section 2 of Pub. L. 87-354 provided that: ''The amendments made

by this Act (amending this section) shall take effect on the first

day of the third month beginning after the date of enactment of

this Act (Oct. 4, 1961).''

SEPARABILITY

Section 2 of Pub. L. 91-366 provided that: ''If any provision of

this Act (see Effective Date of 1970 Amendment note above) or any

amendment made thereby, or the application thereof to any person,

as that term is herein defined, is held invalid, the remainder of

the Act or amendment and the application of the remaining

provisions of the Act or amendment to any person shall not be

affected thereby.''

CONSTRUCTION OF 1970 AMENDMENT

Section 3 of Pub. L. 91-366 provided that: ''The provisions of

this Act (see Effective Date of 1970 Amendment note above) and

amendments made thereby shall be held to be in addition to, and not

in substitution for or limitation of, the provisions of any other

Act of the United States.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 298, 299, 300 of this

title.

-CITE-

15 USC Sec. 298 01/06/03

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CHAPTER 8 - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED

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-HEAD-

Sec. 298. Violations of law

-STATUTE-

(a) Criminal prosecutions; penalties; jurisdiction

Each and every person, firm, corporation, or association, being a

manufacturer of or a wholesale or retail dealer in gold or silver

jewelry, gold ware, silver goods, or silverware, who or which shall

knowingly violate any of the provisions of sections 294 to 300 of

this title, and every officer, manager, director, or managing agent

of any such corporation or association having knowledge of such

violation and directly participating in such violation or

consenting thereto, shall be deemed guilty of a misdemeanor, and

upon conviction thereof in any court of the United States having

jurisdiction of crimes within the district in which such violation

was committed or through which has been conducted the

transportation of the article in respect to which such violation

has been committed, shall be punished by a fine of not more than

$500 or imprisonment for not more than three months, or both, at

the discretion of the court. Whenever the offense is begun in one

jurisdiction and completed in another it may be dealt with,

inquired of, tried, determined, and punished in either jurisdiction

in the same manner as if the offense had been actually and wholly

committed therein.

(b) Suits by competitors, customers, or subsequent purchasers for

injunctive relief; damages and costs

Any competitor, customer, or competitor of a customer of any

person in violation of section 294, 295, 296, or 297 of this title,

or any subsequent purchaser of an article of merchandise which has

been the subject of a violation of section 294, 295, 296, or 297 of

this title, shall be entitled to injunctive relief restraining

further violation of sections 294 to 300 of this title and may sue

therefor in any district court of the United States in the district

in which the defendant resides or has an agent, without respect to

the amount in controversy, and shall recover damages and the cost

of suit, including a reasonable attorney's fee.

(c) Suits by jewelry trade associations for injunctive relief;

damages and costs

Any duly organized and existing jewelry trade association shall

be entitled to injunctive relief restraining any person in

violation of section 294, 295, 296, or 297 of this title from

further violation of sections 294 to 300 of this title and may sue

therefor as the real party in interest in any district court of the

United States in the district in which the defendant resides or has

an agent, without respect to the amount in controversy, and if

successful shall recover the cost of suit, including a reasonable

attorney's fee. If the court determines that the action has been

brought frivolously, for purposes of harassment, or in

implementation of any scheme in restraint of trade, it may award

punitive damages to the defendant.

(d) Award of costs to defendant

Any defendant against whom a civil action is brought under the

provisions of sections 294 to 300 of this title shall be entitled

to recover the cost of defending the suit, including a reasonable

attorney's fee, in the event such action is terminated without a

finding by the court that such defendant is or has been in

violation of sections 294 to 300 of this title.

(e) Jurisdiction of civil actions

The district courts shall have exclusive original jurisdiction of

any civil action arising under the provisions of sections 294 to

300 of this title.

-SOURCE-

(June 13, 1906, ch. 3289, Sec. 5, 34 Stat. 262; Pub. L. 91-366,

Sec. 1(a), (b), July 31, 1970, 84 Stat. 690.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-366 designated existing provisions as subsec.

(a) and added subsecs. (b) to (e).

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-366 effective three months after July 31,

1970, see section 4 of Pub. L. 91-366, set out as a note under

section 297 of this title.

SEPARABILITY

For separability provision of Pub. L. 91-366, see section 2 of

Pub. L. 91-366, set out as a note under section 297 of this title.

CONSTRUCTION OF 1970 AMENDMENT

Amendment by Pub. L. 91-366 to be held to be in addition to and

not in substitution for or limitation of the provisions of any

other Act of the United States, see section 3 of Pub. L. 91-366,

set out as a note under section 297 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 299, 300 of this title.

-CITE-

15 USC Sec. 299 01/06/03

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Sec. 299. Definitions

-STATUTE-

(a) The expression ''article of merchandise'' as used in sections

294 to 300 of this title shall signify any goods, wares, works of

art, commodity, or other thing which may be lawfully kept or

offered for sale.

(b) The term ''person'' means an individual, partnership,

corporation, or any other form of business enterprise, capable of

being in violation of sections 294 to 300 of this title.

(c) The term ''jewelry trade association'' means an organization,

consisting primarily of persons actively engaged in the jewelry or

a related business, the purposes and activities of which are

primarily directed to the improvement of business conditions in the

jewelry or related businesses.

-SOURCE-

(June 13, 1906, ch. 3289, Sec. 6, 34 Stat. 262; Pub. L. 91-366,

Sec. 1(c), (d), July 31, 1970, 84 Stat. 690.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-366 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1970 AMENDMENTS

Amendment by Pub. L. 91-366 effective three months after July 31,

1970, see section 4 of Pub. L. 91-366, set out as a note under

section 297 of this title.

SEPARABILITY

For separability provision of Pub. L. 91-366, see section 2 of

Pub. L. 91-366, set out as a note under section 297 of this title.

CONSTRUCTION OF 1970 AMENDMENT

Amendment by Pub. L. 91-366 to be held to be in addition to and

not in substitution for or limitation of the provisions of any

other Act of the United States, see section 3 of Pub. L. 91-366,

set out as a note under section 297 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 298, 300 of this title.

-CITE-

15 USC Sec. 300 01/06/03

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-HEAD-

Sec. 300. Application of State laws

-STATUTE-

All articles of merchandise to which sections 294 to 300 of this

title apply which shall have been transported into any State,

Territory, District, or possession of the United States, and shall

remain therein for use, sale, or storage, shall, upon arrival in

such State, Territory, District, or possession, be subject to the

operation of all the laws of such State, Territory, District, or

possession of the United States to the same extent and in the same

manner as though such articles of merchandise had been produced in

such State, Territory, District, or possession, and shall not be

exempt therefrom by reason of being introduced therein in original

packages or otherwise.

-SOURCE-

(June 13, 1906, ch. 3289, Sec. 7, 34 Stat. 262.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 298, 299 of this title.

-CITE-