2015 US Code
Title 17 - Copyrights (Sections 101 - 1332)
Chapter 13 - Protection of Original Designs (Sections 1301 - 1332)
Sec. 1322 - Injunctions
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 17 - COPYRIGHTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS Sec. 1322 - Injunctions |
Contains | section 1322 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 105-304, title V, §502, Oct. 28, 1998, 112 Stat. 2914. |
Statutes at Large Reference | 112 Stat. 2914 |
Public and Private Law | Public Law 105-304 |
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(a) In General.—A court having jurisdiction over actions under this chapter may grant injunctions in accordance with the principles of equity to prevent infringement of a design under this chapter, including, in its discretion, prompt relief by temporary restraining orders and preliminary injunctions.
(b) Damages for Injunctive Relief Wrongfully Obtained.—A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for such injunctive relief and may recover such relief as may be appropriate, including damages for lost profits, cost of materials, loss of good will, and punitive damages in instances where the injunctive relief was sought in bad faith, and, unless the court finds extenuating circumstances, reasonable attorney's fees.
(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2914.)
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