Additional remedy for infringement of design patent

United States Code

Section: 289

Jurisdiction: US

Bluebook Citation: 35 U.S.C. § 289


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Courts citing this statute

Fed. Cir.25
S.D. Fla.21
S.D.N.Y.9
M.D. Fla.7
D.N.J.6
N.D. Ill.6
Most recently cited by10
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  • 2026Chameleon Chairs, LLC v. Bethel Events Styling and Rentals LLC, et al. D. Maryland
  • 2026Garrett Electronics, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A S.D. Fla.
  • 2026TB Holding Company LLC v. J&S Siding Company, LLC D. Idaho
  • 2026Samuel Stamping Technologies, LLC v. Therma-Tru Corp. N.D. Ohio
  • 2025Teleties, LLC v. 1-18 As Identified in Schedule "A" M.D. Fla.
  • 2025ToLife Technologies Pty Ltd v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A S.D. Fla.
  • 2025ToLife Technologies Pty Ltd and Moshe Maor v. The Individual, Corporation, Limited Liability Company, Partnership, and/or Unincorporated Association Identified on Schedule A S.D. Fla.
  • 2025Seventh Coast Ventures LLC v. Xiamen Daysun Industrial Co., LTD, et al. S.D. Tex.
  • 2025Pluginz Keychains LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A S.D. Fla.

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Text

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

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