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U.S. Code as of:
01/19/04
Section 1326. Penalty for false marking
(a) In General. - Whoever, for the purpose of deceiving the
public, marks upon, applies to, or uses in advertising in
connection with an article made, used, distributed, or sold, a
design which is not protected under this chapter, a design notice
specified in section 1306, or any other words or symbols importing
that the design is protected under this chapter, knowing that the
design is not so protected, shall pay a civil fine of not more than
$500 for each such offense.
(b) Suit by Private Persons. - Any person may sue for the penalty
established by subsection (a), in which event one-half of the
penalty shall be awarded to the person suing and the remainder
shall be awarded to the United States.
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