§ 2101. Marking requirements

• (a) The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation political item which is not plainly and permanently marked with the calendar year in which such item was manufactured, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.].
• (b) The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce, or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked “copy”, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.].
• (c) The Federal Trade Commission shall prescribe rules for determining the manner and form in which items described in subsection (a) or (b) shall be permanently marked.
• (d) It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).
• (e) Subsections (a) 1 1 So in original. Probably should be followed by a comma. (b), and (d), and regulations under subsection (c), shall not apply to any common carrier or contract carrier or freight forwarder with respect to an imitation political item or imitation numismatic item received, shipped, delivered, or handled by it for shipment in the ordinary course of its business.

§ 2102. Private enforcement

• (a) If any person violates section 2101(a) or (b) of this title or a rule under section 2101(c) of this title , any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defendant resides, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28 . In any such action, the court may award the costs of the suit, including reasonable attorneys’ fees.
• (b) If the violation of section 2101(a) or (b) of this title or a rule under section 2101(c) of this title also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 ( 15 U.S.C. 1116 , 1117, and 1118) for violations of such Act.

§ 2103. Enforcement by Federal Trade Commission

• (a) Except as provided in section 2102 of this title , this chapter shall be enforced by the Federal Trade Commission under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.].
• (b) The Commission shall prevent any person from violating the provisions of this chapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.] were incorporated into and made a part of this chapter; and any such person violating the provisions of this chapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this chapter.

§ 2104. Imports

Any item imported into the United States in violation of section 2101(a) or (b) of this title or regulations under section 2101(c) of this title shall be subject to seizure and forfeiture under the customs laws.

§ 2105. Application of other laws

The provisions of this chapter are in addition to, and not in substitution for or limitation of, the provisions of any other law of the United States or of the law of any State.

§ 2106. Definitions

For purposes of this chapter:

• (1) The term “original political item” means any political button, poster, literature, sticker, or any advertisement produced for use in any political cause.
• (2) The term “imitation political item” means an item which purports to be, but in fact is not, an original political item, or which is a reproduction, copy, or counterfeit of an original political item.
• (3) The term “original numismatic item” means anything which has been a part of a coinage or issue which has been used in exchange or has been used to commemorate a person or event. Such term includes coins, tokens, paper money, and commemorative medals.
• (4) The term “imitation numismatic item” means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item.
• (5) The term “commerce” has the same meaning as such term has under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.].
• (6) The term “Commission” means the Federal Trade Commission.
• (7) The term “United States” means the States, the District of Columbia, and the Commonwealth of Puerto Rico.
• (8) The term “collectibles certification service” means a person recognized by collectors for providing independent certification that collectible items are genuine.
• (9) The term “Trademark Act of 1946” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 ( 15 U.S.C. 1051 et seq.).