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U.S. Code as of:
01/19/04
Section 1118. Destruction of infringing articles
In any action arising under this chapter, in which a violation of
any right of the registrant of a mark registered in the Patent and
Trademark Office, a violation under section 1125(a) of this title,
or a willful violation under section 1125(c) of this title, shall
have been established, the court may order that all labels, signs,
prints, packages, wrappers, receptacles, and advertisements in the
possession of the defendant, bearing the registered mark or, in the
case of a violation of section 1125(a) of this title or a willful
violation under section 1125(c) of this title, the word, term,
name, symbol, device, combination thereof, designation,
description, or representation that is the subject of the
violation, or any reproduction, counterfeit, copy, or colorable
imitation thereof, and all plates, molds, matrices, and other means
of making the same, shall be delivered up and destroyed. The party
seeking an order under this section for destruction of articles
seized under section 1116(d) of this title shall give ten days'
notice to the United States attorney for the judicial district in
which such order is sought (unless good cause is shown for lesser
notice) and such United States attorney may, if such destruction
may affect evidence of an offense against the United States, seek a
hearing on such destruction or participate in any hearing otherwise
to be held with respect to such destruction.
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