18 U.S.C. § 705

Badge or medal of veterans’ organizations

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Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, emblem, or other insignia or any colorable imitation thereof, of any veterans’ organization incorporated by enactment of Congress, or of any organization formally recognized by any such veterans’ organization as an auxiliary of such veterans’ organization, or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation thereof, except when authorized under rules and regulations prescribed by any such organization, shall be fined under this title or imprisoned not more than six months, or both.

Notes of Decisions

Cited in 4 cases, 1949–2012 · leading case: San Francisco Arts & Athletics, Inc. v. United States Olympic Committee

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San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987) scotus · cites it 2× “…symbols by Congress is not unique. Violation of some of these statutes may result in criminal penalties. See, e. g., 18 U. S. C. § 705 (veterans' organizations); § 706 (American National Red Cross); § 707 (4-H Club); § 711 ("Smokey Bear"); § 711a ("Woodsy Owl"). See also FTC…”

United States v. Strandlof (2012) ca10 “Moreover, the Act is but the latest, incremental step among many Congress has taken to protect the integrity and effectiveness of the military honors system.”

The American Legion v. Richard G. Matthew (1998) ca7 “Protection beyond the scope of § 48 depends on trademark law plus 18 U.S.C. § 705 , which makes it a crime to manufacture or sell a veterans organization’s badge, medal, or emblem (or a printed facsimile of one) without that organization’s approval.”

United States v. Dettra Flag Co. (1949) paed “(now 18 U.S.C.A. § 705 , wherein the wording has been slightly rephrased) provides: “That the manufacture,' sale or purchase for resale, either separately or appended to, or to be appended to, or the reproduction of any article of merchandise manufactured or sold, of the badge,…”

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