Sec. 1081. Protection against misuse of Naval Special Warfare Command insignia
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Chapter 663 of title 10, United States Code, is amended by adding at the end the following new section: Subject to subsection (b), no person may use any covered Naval Special Warfare insignia in connection with any promotion, good, service, or other commercial activity when a particular use would be likely to suggest a false affiliation, connection, or association with, endorsement by, or approval of, the United States Government, the Department of Defense, or the Department of the Navy. Subsection
(a)shall not apply to the use of a covered Naval Special Warfare insignia for purposes such as criticism, comment, news reporting, analysis, research, or scholarship. Any determination of whether a person has violated this section shall be made without regard to any use of a disclaimer of affiliation, connection, or association with, endorsement by, or approval of the United States Government, the Department of Defense, the Department of the Navy, or any subordinate organization thereof to the extent consistent with international obligations of the United States. Whenever it appears to the Attorney General that any person is engaged in, or is about to engage in, an act or practice that constitutes or will constitute conduct prohibited by this section, the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice, and such court may take such injunctive or other action as is warranted to prevent the act, practice, or conduct. Nothing in this section shall be construed to limit the authority of the Secretary of the Navy to register any symbol, name, phrase, term, acronym, or abbreviation otherwise capable of registration under the provisions of the Act of July 5, 1946, popularly known as the Lanham Act or the Trademark Act of 1946 ( 15 U.S.C. 1051 et seq.). In this section, the term covered Naval Special Warfare insignia means any of the following: The Naval Special Warfare insignia comprising or consisting of the design of an eagle holding an anchor, trident, and flint-lock pistol. The Special Warfare Combatant Craft Crewman insignia comprising or consisting of the design of the bow and superstructure of a Special Operations Craft on a crossed flint-lock pistol and enlisted cutlass, on a background of ocean swells. Any colorable imitation of the insignia referred to in paragraphs
(1)and (2), in a manner which could reasonably be interpreted or construed as conveying the false impression that an advertisement, solicitation, business activity, or product is in any manner approved, endorsed, sponsored, or authorized by, or associated with, the United States Government, the Department of Defense, or the Department of the Navy. . The table of sections at the beginning of chapter 663 of such title is amended by adding at the end the following new item: 7882. Protection against misuse of insignia of Naval Special Warfare Command. .
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Sec. 1081
Protection against misuse of Naval Special Warfare Command insignia
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