35 U.S.C. § 289
Section 289 · Additional remedy for infringement of design patent
Amended 1 time on record
Applied in 52 court decisions — leading case Trans-World Manufacturing Corp. v. Al Nyman & Sons, Inc. (1984)
Most recently applied in Junker v. Medical Components, Inc. (February 2022)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.