(a) Grounds for condemnation; disposition of merchandise
(1) Any fur product or fur shall be liable to be proceeded against in the district court of the United States for the district in which found, and to be seized for confiscation by process of libel for condemnation, if the Commission has reasonable cause to believe such fur product or fur is being manufactured or held for shipment, or shipped, or held for sale or exchange after shipment, in commerce, in violation of the provisions of this subchapter, and if after notice from the Commission the provisions of this subchapter with respect to such fur product or fur are not shown to be complied with. Proceedings in such libel cases shall conform as nearly as may be to suits in rem in admiralty, and may be brought by the Commission.
Terms Used In 15 USC 69g
- commerce: means commerce between any State, Territory, or possession of the United States, or the District of Columbia, and any place outside thereof. See 15 USC 69
- Commission: means the Federal Trade Commission. See 15 USC 69
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Federal Trade Commission Act: means the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes" approved September 26, 1914, as amended [15 U. See 15 USC 69
- fur: means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state, but shall not include such skins as are to be converted into leather or which in processing shall have the hair, fleece, or fur fiber completely removed. See 15 USC 69
- fur product: means any article of wearing apparel made in whole or in part of fur or used fur. See 15 USC 69
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: means an individual, partnership, corporation, association, business trust, or any organized group of any of the foregoing. See 15 USC 69
- United States: means the several States, the District of Columbia, and the Territories and possessions of the United States. See 15 USC 69
(2) If such fur products or furs are condemned by the court, they shall be disposed of, in the discretion of the court, by destruction, by sale, by delivery to the owner or claimant thereof upon payment of legal costs and charges and upon execution of good and sufficient bond to the effect that such fur or fur products will not be disposed of until properly marked, advertised, and invoiced as required under the provisions of this subchapter; or by such charitable disposition as the court may deem proper. If such furs or fur products are disposed of by sale, the proceeds, less legal costs and charges, shall be paid into the Treasury of the United States as miscellaneous receipts.
(b) Grounds for temporary injunction or restraining order; issuance without bond
Whenever the Commission has reason to believe that–
(1) any person is volating,1 or is about to violate, section 69a, 69d, or 69h(b) of this title; and
(2) it would be to the public interest to enjoin such violation until complaint is issued by the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] and such complaint dismissed by the Commission or set aside by the court on review, or until order to cease and desist made thereon by the Commission has become final within the meaning of said Act,
the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or transacts business, to enjoin such violation, and upon proper showing a temporary injunction or restraining order shall be granted without bond.