---
kind: "section"
citation: "17 U.S.C. § 1326"
title: "17"
title_heading: "Copyrights"
number: "1326"
heading: "Penalty for false marking"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/17/1326"
units:
  - "Chapter 13 — Protection of Original Designs"
---

# §1326. Penalty for false marking

- (a) **In General.—** Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a design which is not protected under this chapter, a design notice specified in [section 1306](/usc/17/1306.md), or any other words or symbols importing that the design is protected under this chapter, knowing that the design is not so protected, shall pay a civil fine of not more than $500 for each such offense.
- (b) **Suit by Private Persons.—** Any person may sue for the penalty established by [subsection (a)](#a), in which event one-half of the penalty shall be awarded to the person suing and the remainder shall be awarded to the United States.

## Source credit

(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2915.)