§ 1158

Counterfeiting Indian Arts and Crafts Board trade mark

Up to 15 years Fraud & Money None sentenced (FY2025) Ch. 53 · Indians

Official text prohibited actmental stateif conditionpenaltylegal term

Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Department of the Interior as provided in section 305a of Title 25, or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, , and affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products; or

Whoever knowingly makes any false statement for the purpose of obtaining the use of any such Government trade mark—

Shall (1) in the case of a first violation, if an individual, be or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and (2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000; and (3) shall be enjoined from further carrying on the act or acts complained of.

History: (June 25, 1948, ch. 645, 62 Stat. 759 (PDF, 39 MB); Pub. L. 101–644, title I, §106, Nov. 29, 1990, 104 Stat. 4665 (PDF, 1.7 MB); Pub. L. 103–322, title XXXIII, §330016(1)(U), Sept. 13, 1994, 108 Stat. 2148 (PDF, 52 MB).)

Simplified explanation

It is a federal crime to counterfeit or imitate a government trademark of the Indian Arts and Crafts Board, or to put that mark or a fake copy of it on products, labels, or packaging without permission. It is also a crime to knowingly lie in order to get permission to use the mark.