required to prove only the
amount of the infringer's sales and the infringer shall be required to
prove its expenses against such sales.

(c) Statute of Limitations. No recovery under subsection (a) or (b)
shall be had for any infringement committed more than 3 years before the
date on which the complaint is filed.

(d) Attorney's Fees. In an action for infringement under this chapter,
the court may award reasonable attorney's fees to the prevailing party.

(e) Disposition of Infringing and Other Articles. The court may order
that all infringing articles, and any plates, molds, patterns, models,
or other means specifically adapted for making the articles, be
delivered up for destruction or other disposition as the court may
direct.

Section 1324. Power of court over registration

In any action involving the protection of a design under this chapter,
the court, when appropriate, may order registration of a design under
this chapter or the cancellation of such a registration. Any such order
shall be certified by the court to the Administrator, who shall make an
appropriate entry upon the record.

Section 1325. Liability for action on registration fraudulently obtained

Any person who brings an action for infringement knowing that
registration of the design was obtained by a false or fraudulent
representation materially affecting the rights under this chapter, shall
be liable in the sum of $10,000, or such part of that amount as the
court may determine. That amount shall be to compensate the defendant
and shall be charged against the plaintiff and paid to the defendant, in
addition to such costs and attorney's fees of the defendant as may be
assessed by the court.

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.