15 U.S.C. § 298

Violations of law

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(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.

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.

(June 13, 1906, ch. 3289, § 5, 34 Stat. 262; Pub. L. 91–366, § 1(a), (b), July 31, 1970, 84 Stat. 690.)Editorial NotesAmendments

1970—Pub. L. 91–366 designated existing provisions as subsec. (a) and added subsecs. (b) to (e).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 17 cases, 1977–2008 · leading case: Ruckelshaus v. Sierra Club, 463 U.S. 680 (1983).

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Ruckelshaus v. Sierra Club, 463 U.S. 680 (1983). · cites it 4× “); Jewelers' Liability Act, 15 U. S. C. § 298 (c). [6] Equal Access to Courts: Hearing on S.”

Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “262 , as amended, 15 U. S. C. §§ 298 (b)-(d). 17. Consumer Product Safety Act, 86 Stat.”

Vendo Co. v. Lektro-Vend Corp., 433 U.S. 623 (1977). · cites it 2× “§ 78aa (Securities Exchange Act of 1934); 15 U. S. C. § 298 (relating to the false stamping of gold and silver); 15 U.”

Deborah Leslie, Ltd. v. Rona, Inc., 630 F. Supp. 1250 (D.R.I. 1986). · cites it 17× “, 15 U.S.C. § 298 (b). 1 Leslie is a Delaware corporation headquartered in New York.”

Max I. Bittner v. Sadoff & Rudoy Indus., 728 F.2d 820 (7th Cir. 1984). “With automatic shifting in the English and Continental manner, the approach of the Civil Rights Attorney’s Fees Awards Act, and a frivolousness standard all excluded, we turn for a useful analogy to the Equal Access to Justice Act, 28 U.”

Nazareth Gates v. John Collier, Superintendent of the Mississippi State Penitentiary, 616 F.2d 1268 (5th Cir. 1980). “…Act of 1934 §§ 9, 18, 15 U.S.C. §§ 78i(e), 78r(a) (1970); Jewelers’ Liability Act (Gold and Silver Articles) § 1(b), 15 U.S.C. § 298 (b), (c), (d) (1970); National Traffic and Motor Vehicle Safety Act of 1966 § 111, 15 U.S.C. § 1400 (1970); Truth in Lending Act § 408(a), 15…”

Klitzner Indus., Inc. v. H. K. James & Co., 535 F. Supp. 1249 (E.D. Pa. 1982). · cites it 2× “Claims Authorized Pursuant to 15 U.S.C. § 298 (b) Section 15 U.S.C. § 298 (b) provides that (b) 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…”

Kenny A. Ex Rel. Winn v. Perdue, 547 F.3d 1319 (11th Cir. 2008). · cites it 2× “§§ 78i(e), 78r(a), 78u(h)(8); Jewelers' Liability Act, 15 U.S.C. § 298 (b)-(d); Consumer Leasing Act, 15 U.”

Chenega Corp. v. Exxon Corp., 991 P.2d 769 (Alaska 1999). “§ 72 (1997) (Federal Trade Commission antidumping statute) ("[a]ny person injured in his business or property [by violation of this section] may sue therefor in the district court”); 15 U.S.C. § 298 (b) (1997) (Jewelers’ Liability Act) (“[a]ny competitor, customer, or competitor…”

Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982). “§ 1985 Jewelers Hall-Mark Act, 15 U.S.C. § 298 (b), (c), (d) Jury System Improvements Act of 1978 (Pub.”

Union of Needletrades, Indus. & Textile Employees v. United States Immigr. & Naturalization Serv., 202 F. Supp. 2d 265 (S.D.N.Y. 2002). “§ 3417 (a)(4) (Right to Financial Privacy Act); 15 U.S.C. § 298 (c)(Jewelers’ Hall-Mark Act); 15 U.”

Bonnichsen v. United States, 367 F.3d 864 (9th Cir. 2004). “, 15 U.S.C. § 298 (b) (authorizing suit only by “competitors, customers, or subsequent purchasers”).”

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