35 U.S.C. § 289 : US Code - Section 289: Additional remedy for infringement of design patent
Search 35 U.S.C. § 289 : US Code - Section 289: Additional remedy for infringement of design patent
Whoever during the term of a patent for a design, without license
of the owner, (1) applies the patented design, or any colorable
imitation thereof, to any article of manufacture for the purpose of
sale, or (2) sells or exposes for sale any article of manufacture
to which such design or colorable imitation has been applied shall
be liable to the owner to the extent of his total profit, but not
less than $250, recoverable in any United States district court
having jurisdiction of the parties.
Nothing in this section shall prevent, lessen, or impeach any
other remedy which an owner of an infringed patent has under the
provisions of this title, but he shall not twice recover the profit
made from the infringement.
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