§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.

(July 19, 1952, ch. 950, 66 Stat. 813 .)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §§74, 75 (Feb. 4, 1887, ch. 105, §§1, 2, 24 Stat. 387 , 388).

Language is changed.

Cross References

Damages recoverable in action for copyright infringement, see section 501 of Title 17, Copyrights.

Patented articles marked as such and notice of infringement, see section 287 of this title.

Patents for design generally, see section 171 et seq. of this title.

Section Referred to in Other Sections

This section is referred to in sections 157, 296 of this title.