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17 U.S.C. § 1322

Section 1322 · Injunctions

This is § 502 of the Digital Millennium Copyright Act

Amended 1 time on record

Applied in 2 court decisions — leading case Holland v. EMC Mortgage Corp. (In Re Holland) (2007)

Most recently applied in Conrad L. Hoever v. R. Marks (April 2021)

(a) In General.—A court having jurisdiction over actions under this chapter may grant injunctions in accordance with the principles of equity to prevent infringement of a design under this chapter, including, in its discretion, prompt relief by temporary restraining orders and preliminary injunctions.

(b) Damages for Injunctive Relief Wrongfully Obtained.—A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for such injunctive relief and may recover such relief as may be appropriate, including damages for lost profits, cost of materials, loss of good will, and punitive damages in instances where the injunctive relief was sought in bad faith, and, unless the court finds extenuating circumstances, reasonable attorney's fees.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Termination of Section

For termination of section by section 505 of Pub. L. 105–304, see Effective and Termination Dates note set out under section 1301 of this title.

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