Page:United States Statutes at Large Volume 88 Part 1.djvu/289

 88 STAT. ]

PUBLIC LAW 93-318-JUNE 22, 1974

(3) the term "Secretary" means the Secretary of Agriculture. SEC. 2. The following are hereby declared the property of the United States: (1) The name and character "Smokey Bear". (2) The name and character "Woodsy Owl" and the associated slogan, "Give a Hoot, Don't Pollute". SEC. 3. (a) The Secretary may establish and collect use or royalty fees for the manufacture, reproduction, or use of the name or character "Woodsy Owl" and the associated slogan, "Give a Hoot, Don't Pollute", as a symbol for a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality. (b) The Secretary shall deposit into a special account all fees collected pursuant to this Act. Such fees are hereby made available for obligation and expenditure for- the purpose of furthering the "Woodsy Owl" campaign. SEC. 4. (a) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character "Smokey Bear" or the name "Smokey Bear", or a facsimile or simulation of such character or name in such a manner as suggests "Smokey Bear" may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. (b) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character "Woodsy Owl", the name "Woodsy Owl", or the slogan "Give a Hoot, Don't Pollute", or a facsimile or simulation of such character, name, or slogan in such a manner as suggests "Woodsy Owl" may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. SEC. 5. Section 711 of title 18 of the United States Code is amended— (1) by inserting "and for profit" immediately after "knowingly", and (2) by deleting "as a trade name or in such manner as suggests the character 'Smokey Bear' ". SEC. 6. Chapter 33 of title 18 of the United States Code is amended by adding after section 711 a new section, as follows: "§ 711a. *Woodsy Owl' character, name, or slogan "Whoever, except as authorized under rules and regulations issued by the Secretary, knowingly and for profit manufactures, reproduces, or uses the character 'Woodsy Owl', the name 'Woodsy Owl', or the associated slogan, 'Give a Hoot, Don't Pollute' shall be fined not more than $250 or imprisoned not more than six months, or both.". SEC. 7. Section 3 of the Act entitled "An Act prohibiting the manufacture or use of the character 'Smokey Bear' by unauthorized persons" (31 U.S.C. 488a) is amended by striking out "under the provisions of section 711 of title 18". SEC. 8. The table of sections of chapter 33 of title 18, United States Code, is amended by inserting immediately after the item relating to section 711 the following: "711a. 'Woodsy Owl' character, name, or slogan.". Approved June 22, 1974.

38-194 O - 76 - 19 Pt. 1

245 ^^ "^'^ 488b-4.

M°^sc^488b-5.

special account.

jert"to^s'uit! ^"''' 3i use 488b-6.

18 USC 711a. Penalties.

�