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U.S. Code as of:
01/19/04
Section 53. False advertisements; injunctions and restraining orders
(a) Power of Commission; jurisdiction of courts
Whenever the Commission has reason to believe -
(1) that any person, partnership, or corporation is engaged in,
or is about to engage in, the dissemination or the causing of the
dissemination of any advertisement in violation of section 52 of
this title, and
(2) that the enjoining thereof pending the issuance of a
complaint by the Commission under section 45 of this title, and
until such complaint is dismissed by the Commission or set aside
by the court on review, or the order of the Commission to cease
and desist made thereon has become final within the meaning of
section 45 of this title, would be to the interest of the public,
the Commission by any of its attorneys designated by it for such
purpose may bring suit in a district court of the United States or
in the United States court of any Territory, to enjoin the
dissemination or the causing of the dissemination of such
advertisement. Upon proper showing a temporary injunction or
restraining order shall be granted without bond. Any suit may be
brought where such person, partnership, or corporation resides or
transacts business, or wherever venue is proper under section 1391
of title 28. In addition, the court may, if the court determines
that the interests of justice require that any other person,
partnership, or corporation should be a party in such suit, cause
such other person, partnership, or corporation to be added as a
party without regard to whether venue is otherwise proper in the
district in which the suit is brought. In any suit under this
section, process may be served on any person, partnership, or
corporation wherever it may be found.
(b) Temporary restraining orders; preliminary injunctions
Whenever the Commission has reason to believe -
(1) that any person, partnership, or corporation is violating,
or is about to violate, any provision of law enforced by the
Federal Trade Commission, and
(2) that the enjoining thereof pending the issuance of a
complaint by the Commission and until such complaint is dismissed
by the Commission or set aside by the court on review, or until
the order of the Commission made thereon has become final, would
be in the interest of the public -
the Commission by any of its attorneys designated by it for such
purpose may bring suit in a district court of the United States to
enjoin any such act or practice. Upon a proper showing that,
weighing the equities and considering the Commission's likelihood
of ultimate success, such action would be in the public interest,
and after notice to the defendant, a temporary restraining order or
a preliminary injunction may be granted without bond: Provided,
however, That if a complaint is not filed within such period (not
exceeding 20 days) as may be specified by the court after issuance
of the temporary restraining order or preliminary injunction, the
order or injunction shall be dissolved by the court and be of no
further force and effect: Provided further, That in proper cases
the Commission may seek, and after proper proof, the court may
issue, a permanent injunction. Any suit may be brought where such
person, partnership, or corporation resides or transacts business,
or wherever venue is proper under section 1391 of title 28. In
addition, the court may, if the court determines that the interests
of justice require that any other person, partnership, or
corporation should be a party in such suit, cause such other
person, partnership, or corporation to be added as a party without
regard to whether venue is otherwise proper in the district in
which the suit is brought. In any suit under this section, process
may be served on any person, partnership, or corporation wherever
it may be found.
(c) Service of process; proof of service
Any process of the Commission under this section may be served by
any person duly authorized by the Commission -
(1) by delivering a copy of such process to the person to be
served, to a member of the partnership to be served, or to the
president, secretary, or other executive officer or a director of
the corporation to be served;
(2) by leaving a copy of such process at the residence or the
principal office or place of business of such person,
partnership, or corporation; or
(3) by mailing a copy of such process by registered mail or
certified mail addressed to such person, partnership, or
corporation at his, or her, or its residence, principal office,
or principal place or business.
The verified return by the person serving such process setting
forth the manner of such service shall be proof of the same.
(d) Exception of periodical publications
Whenever it appears to the satisfaction of the court in the case
of a newspaper, magazine, periodical, or other publication,
published at regular intervals -
(1) that restraining the dissemination of a false advertisement
in any particular issue of such publication would delay the
delivery of such issue after the regular time therefor, and
(2) that such delay would be due to the method by which the
manufacture and distribution of such publication is customarily
conducted by the publisher in accordance with sound business
practice, and not to any method or device adopted for the evasion
of this section or to prevent or delay the issuance of an
injunction or restraining order with respect to such false
advertisement or any other advertisement,
the court shall exclude such issue from the operation of the
restraining order or injunction.
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