An Act to protect consumers by providing a civil remedy for misrepresentation of the quality of articles composed in whole or in part of gold or silver, and for other purposes
PL 91-366 (S.1046), enacted 07/31/1970

690 
PUBLIC LAW 91-366-JULY 31, 1970 
[84 STAT. 
July 31,1970 
[S.1046] 
Public Law 91-366 
AN ACT 
To protect consumers by providing a civil remedy for misrepresentation of tlie 
quality of articles composed in whole or in part of gold or silver and for other 
purposes. 
Gold and silver 
articles. 
Consumer pro-
tection. 
75 Stat. 775. 
Civil injunctive 
relief. 
15 u s e 298. 
Costs, re-
covery. 
15 u s e 299. 
"Person." 
"Jewelry trade 
association." 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Act entitled 
"An Act forbidding the importation, exportation, or carriage in inter-
state commerce of falsely stamped articles of merchandise made of 
gold or silver or their alloys, and for other purposes", approved 
June 13, 1906 (34 Stat. 260), as amended October 4, 1961 (75 Stat. 
776; 15 U.S.C. 294 et seq.), is amended by— 
(a) Inserting immediately after the section number "SEC. 5." the 
subsection designation "(a)". 
(b) Adding at the end of the newly designated subsection "SEC. 5. 
(a)" the following new subsections: 
" (b) Any competitor, customer, or competitor of a customer of any 
person in violation of section 1, 2, 3, or 4 of this Act, or any subsequent 
purchaser of an article of merchandise which has been the subject of a 
violation of section 1,2,3, or 4 of this Act, shall be entitled to injunctive 
relief restraining further violation of this Act 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) Any duly organized and existing jewelry trade association 
shall be entitled to injunctive relief restraining any person in violation 
of section 1, 2, 3, or 4 of this Act from further violation of this Act 
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 at-
torney'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) Any defendant against whom a civil action is brought under 
the provisions of this Act 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 this Act. 
"(e) The district courts shall have exclusive original jurisdiction 
of any civil action arising under the provisions of this Act." 
(c) Inserting immediately after the section number "SEC. 6." the 
subsection designation "(a)". 
(d) Adding at the end of the newly designated subsection "SEC. 6. 
(a)" the following new subsections: 
"(b) The term 'person' means an individual, partnership, corpora-
tion, or any other form of business enterprise, capable of being in viola-
tion of this Act. 
"(c) The term 'jewelry trade association' means an organization, 
consisting primarily of persons actively engaged in the jewelry or a 
related business, the purposes and activities of which are primarily 
directed to the improvement of business conditions in the jewelry or 
related businesses." 
84 STAT. ] 
PUBLIC LAW 91-367-JULY 31, 1970 
6W 
(e) Changing paragraph (A), subsection (b), of section 4 to read as 
75 stat, 775,. 
A 11 
15 u s e 
297# 
follows: 
" (A) Apply or cause to be applied to that article a trademark of 
such person, which has been duly registered or applied for registration 
under the laws of the United States within thirty days after an article 
bearing the trademark is placed in commerce or imported into the 
United States, or the name of such person; and". 
SEC. 2. If any provision of this Act or any amendment made thereby, 
or the application thereof to any person, as that term is herein defined, 
is held invalid, the remainder of the Act or amendment and the appli-
cation of the remaining provisions of the Act or amendment to any 
person shall not be affected thereby. 
SEC. 3. The provisions of this Act and amendments made thereby 
shall be held to be in addition to, and not in substitution for or limita-
tion of, the provisions of any other Act of the United States. 
SEC. 4. This Act shall take effect three months after enactment. 
Effective date. 
Approved July 31, 1970. 
Public Law 91-367 
AN ACT 
July 31^ jgyQ 
To amend the 1964 aniendnients to the Alaska Omnibus Act. 
[S. 778] 
Be it enacted hy the Seiiate and House of Representatives 
of the 
United States of America in Congress assenibled, That the first sen- ^^^^^ Amend-
tence of section 5 of the 1964 amendments to the Alaska Omnibus Act Alaska omnibus 
(78 Stat. 505) is amended by striking out the period and inserting in Act, amendments. 
lieu thereof the following: ", except that any sums so appropriated to note."^^ ^^^^' ^^ 
carry out section 53 of the Alaska Omnibus Act shall be available after 
such date for obligation in connection with one or more of the follow-
ing urban renewal projects authorized for execution prior to June 30, 
1967: Alaska R-S, Westchester; Alaska R-19, Kodiak; Alaska R-20, 
downtown Anchorage; Alaska R-21, Seward; Alaska R-22, Valdez; 
Alaska R-25, Mineral Creek; Alaska R-26, Seldovia; Alaska R-28, 
Cordova." 
SEC. 2. Section 6 of the 1964 amendments to the Alaska Omnibus Act 
is amended to read as follows: 
"TERMINATION DATE 
"SEC. 6. The authority contained in this Act shall expire on June 30, 
1967, except that such expiration shall not affect— 
"(1) the authority conferred by section 53 of the Alaska Omni-
bus Act until the completion of the following urban renewal proj-
ects authorized for execution prior to June 30, 1967: Alaska R-8, 
Westchester; Alaska R-19, Kodiak; Alaska R-20, downtown 
Anchorage; Alaska R-21, Seward; Alaska R-22, Valdez; Alaska 
R-25, Mmeral Creek; Alaska R-26, Seldovia; Alaska R-28, Cor-
dova; or 
" (2) the payment of expenditures for any obligation or commit-
ment entered into under this Act prior to June 30,1967." 
Approved July 31, 1970.