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S. 3583 (95th): Unauthorized Use and Endorsement Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Oct 9, 1978.


Unauthorized Use and Endorsement Act - Establishes criminal penalties for any person who: (1) uses, in any printed material or any electronic communication, the name, official title, photograph, or other oral or written communication of any other person, without the person's prior written consent and knowledge; for (A) promoting or advertising the sale of products or services; or (B) soliciting patronage or contributions; or (2) directly or indirectly represents, orally, in writing , or by other means, that his products or services have been endorsed, used, or found satisfactory by another person, without that person's prior written consent and knowledge. Authorizes the Federal Trade Commission to bring actions for injunctive relief and for a civil penalty up to $10,000 in an appropriate United States district court. Allows a person who is the subject of an unauthorized representation, and any person who relies to their detriment on such representation, to bring a civil action in an appropriate United States district court, without regard to the amount in controversy, within two years from the date on which the action arises.