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Some businesses sell genuine U.S. coins that have been altered in some way. In altering, advertising
or selling these coins, there are several restrictions and legal issues of which businesses should be
aware.
Not altered, colorized, or gold-plated by the United States Mint
Do consult with your attorney before embarking on any activity involving the modification of
genuine United States coins.
Do familiarize yourself with applicable laws.
If you are going to modify the genuine U.S. coins you are distributing in any way, you should be
especially careful to consult with your attorneys on the applicability to your activities of
criminal laws such as 18 U.S.C. §331.
While the United States Mint cannot issue interpretations of criminal statutes such as this,
which fall within the jurisdiction of the U.S. Department of Justice, note that this law prohibits
alteration of United States or foreign coins in use as money with the intent to defraud. Businesses
should consult with their attorneys and carefully evaluate their proposed products, packaging
and advertising to ensure they do not run afoul of this criminal statute.
Do be aware of existing copyrights in United States coin designs.
The United States Mint may own copyright by assignment, as permitted by 17 U.S.C. §105.
In fact, the United States Mint owns copyright in several commemorative and circulating coin designs.
Although the copyright symbol does not appear on the coin itself, the United States Mint generally
includes the symbol on marketing materials. Copyrighted coin designs include several designs used
in the 1995-1996 Olympic Commemorative Coin Program, the 1995 Civil War Battlefield Commemorative
Coin Program and the Golden Dollar (Sacagawea) coin obverse. Should your company wish to use a
copyrighted design, you will need to contact Jean Gentry, Deputy Chief Counsel, United States Mint,
801 9th Street, NW, Washington, DC 20220. Requests can be faxed to (202) 756-6110. The United States
Mint deems any unauthorized use of a United States Mint copyrighted design to constitute copyright
infringement.
Do remember that modification to certain United States Mint coins may require consideration
of third-party intellectual property.
Be sure to consult your attorney to ensure that any modification you are contemplating to make to the
design of a United States coin does not constitute an unauthorized derivative work of a
copyright-protected design and does not impact upon any trademark, publicity right or other intellectual
property right. The United States Mint may be a licensee/permittee of the owner of a design or design
source. In addition, third-party trademarks may be incorporated into United States Mint coin designs
under license from their owners. United States Mint Olympic commemorative coins are examples of this.
Do remember that each case will depend on its facts.
Apart from issues of advertising, packaging and promotion, concern over alteration of a coin generally
increases when the coin design contains controlled intellectual property or the coin design or its
visual impact is affected in some way by the alteration. Businesses planning on plating, creating a
bimetallic version, colorizing or applying a hologram to coins should bear this in mind. Be sure to
consult with your attorney to ensure that any modification you are contemplating to make to the design
of a United States coin does not constitute an unauthorized derivative work of a copyright-protected
design and does not impact upon any trademark, publicity right or other intellectual property rights.
Do bear in mind the United States Mint's position on altering the fundamental images on its coins
and respect our Nation's official coinage.
The United States Mint does not encourage or support products that alter the fundamental images on its coins.
A superimposed design, especially, is entirely different from the coin's original image and almost
obliterates the coin's organic design. Other modification methods may also affect a coin's design.
Altering United States Mint coins this way may heighten the concerns of people who regard the images and
designs on our Nation's coinage as sacrosanct. Indeed, Congress itself mandates by statute the themes,
images, and inscriptions that appear on a particular coin. In many cases, businesses are using American
Eagle silver bullion coins that Congress directed the United States Mint to produce with the requirement
that the coin "have a design . . . symbolic of Liberty on the obverse side."
Do refrain from using the words "United States Mint" or "U.S. Mint" or any colorable
imitation of such words, in connection with any advertisement if its use conveys the impression that the
advertisement is approved, endorsed, or authorized by the United States Mint.
18 U.S.C. § 709 expressly prohibits such use in a manner reasonably intended to convey the impression
that the advertisement is approved, endorsed, or authorized by the United States Mint. Pursuant to 31
U.S.C. § 333, the Secretary of Treasury may impose civil penalties of $5,000 ($25,000 for broadcast or
telecast) for the use of the words "Department of Treasury" or "United States Mint" or
any colorable imitation of such words, as part of an advertisement, solicitation, business activity or
product, in any manner which could reasonably be construed as misleading the public that the product is in
any way approved, endorsed, sponsored, authorized by or associated with the Treasury Department or United
States Mint. Criminal penalties of $10,000 fine per use ($50,000 per broadcast or telecast) and up to one-year
imprisonment may be assessed for knowing violations of this provision.
Do refrain from using United States Mint trademarks in your advertisements.
Registered trademarks include: United States Mint®," "United States Mint Proof Set®,"
"United States Mint Uncirculated Coin Set®," "Fort Knox Collection®," and
"50 State Quarters®." The United States Mint also considers the terms "United States
Mint Silver Proof Set™," "50 State Quarters Silver Proof Set™," "50 State
Quarters Proof Set™," "50 State Quarters Uncirculated Set™," as well as the
graphic logos associated with the 50 State Quarters™ Program, to be common law trademarks of the
United States Mint. Copyright protection also exists with regard to the United States Mint's 50 State
Quarters™ graphic logos. Please note that this does not represent a complete list of all United
States Mint trademarks and copyrights. The United States Mint deems any unauthorized use of a United
States Mint trademark or the use of a similar mark likely to cause confusion to constitute trademark
infringement.
Do include a disclaimer in all advertisements, order forms, web pages and other marketing materials
featuring or promoting altered, colorized, or plated genuine United States coins.
Disclaimers should be prominently displayed in advertisements and marketing materials, and set in an
easily readable pitch and font. Disclaimers should expressly state that your business concern is not
affiliated with the United States Government in any way. You should also note that the United States
Government does not endorse the featured products. Disclaimers should be placed immediately adjacent
to or below the actual photograph of the product used in the advertisement or marketing material, and
should not be buried in "fine print" at the bottom of the advertisement or marketing material.
Disclaimers should appear in a different color than the background of the photograph box and should be
clear and noticeable. For additional suggestions, see United States v. The Washington Mint, LLC,
et al., Civil No. 99-1768, 2001 WL1640073 (D. Minn. Sep. 5, 2001).
Do include a disclaimer in all television, video or radio advertisements, and identify your product
clearly and not in a deceptive or confusing manner.
Disclaimers should expressly state that your business concern is not affiliated with the United States
Government in any way, and should note that the United States Government does not endorse the featured
products. Disclaimers should be clear, legible and prominent, and should be placed at the beginning of
the advertisement (close to the start of voiceover and first appearance of product graphics). Disclaimers
should be presented simultaneously in both the audio and video portions of the advertisement. Audio
disclaimers should be delivered in volume and cadence sufficient for an ordinary consumer to hear and
understand. Video disclaimers should be of a size, shade and duration sufficient for an ordinary
consumer to read and understand, with each disclaimer line placed against contrasting background.
Attention should be paid to the selection of music and graphics background so as not to create an
atmosphere that may suggest to consumers that the government is the source or sponsor of the product as
it is being offered, especially as this may diminish the effectiveness of the disclaimers. For some
disclaimer benchmarks see FCC Regulations 47 C.F.R. § 73.1212 (a)(2)(ii) and consult individual
television network guidelines.
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