# § 1118. Destruction of infringing articles
section 1125(a) of this titlesection 1125(c) of this titlesection 1125(a) of this titlesection 1125(c) of this titlesection 1116(d) of this title
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 , or a willful violation under , 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 or a willful violation under , 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 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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**Source Credit**: (July 5, 1946, ch. 540, title VI, § 36, 60 Stat. 440; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 98–473, title II, § 1503(3), Oct. 12, 1984, 98 Stat. 2182; Pub. L. 100–667, title I, § 130, Nov. 16, 1988, 102 Stat. 3945; Pub. L. 106–43, § 3(c), Aug. 5, 1999, 113 Stat. 219.)
## Editorial Notes
### Prior Provisions
Acts , ; , ; , .
### Amendments
1999—, in first sentence, substituted “a violation under , or a willful violation under ,” for “or a violation under ,” and inserted “or a willful violation under ” before “, the word,”.
1988— inserted in first sentence “, or a violation under ,” after “Office” and “or, in the case of a violation of , the word, term, name, symbol, device, combination thereof, designation, description, or representation that is the subject of the violation,” after “registered mark”.
1984— inserted “The party seeking an order under this section for destruction of articles seized under 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.”
1975— substituted “Patent and Trademark Office” for “Patent Office”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1988 Amendment
Amendment by effective one year after , see , set out as a note under .
### Effective Date of 1975 Amendment
Amendment by effective , see , set out as a note under .
### Repeal and Effect on Existing Rights
Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .
## Executive Documents
### Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.