Sec. 1041. Protection against misuse of Naval Special Warfare Command insignia
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Chapter 891 of title 10, United States Code, is amended by adding at the end the following new section: 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. Any colorable imitation of the insignia referred to in subparagraphs
(A)and (B). The term covered person means any individual, association, partnership, or corporation. Subject to subsection (c), no covered person shall, without the authorization of the Secretary of the Navy, use any covered Naval Special Warfare insignia— as the name under which the covered person does business for the purpose of trade; or in a manner which reasonably could lead the public to believe that any project or business in which the covered person is engaged, or product that the covered person manufactures, deals in, or sells, has been in any way endorsed, authorized, sponsored, or approved by, or is associated with, the Department of Defense or the Department of the Navy. Whoever violates this subsection shall be fined not more than $20,000 for each violation. Subsection
(b)shall not apply to the use of a covered Naval Special Warfare insignia for purposes of criticism, comment, news reporting, analysis, research, or scholarship. A determination of whether a covered 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. 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 ( 15 U.S.C. 1051 et seq. ) (commonly referred to as the Trademark Act of 1946 ). . The table of sections at the beginning of chapter 891 of title 10, United States Code, is amended by inserting after the item relating to section 8921 the following new item: 8922. Protection against misuse of insignia of Naval Special Warfare Command. .
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Sec. 1041
Protection against misuse of Naval Special Warfare Command insignia
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