15 U.S.C. § 298 : US Code - Section 298: Violations of law

Search 15 U.S.C. § 298 : US Code - Section 298: Violations of law

(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.
(c) Suits by jewelry trade associations for injunctive relief;
damages and costs
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.