Whoever, whether a corporation, partnership, unincorporated company, association, or person within the United States, willfully uses as a trade mark, commercial label, or portion thereof, or as an advertisement or insignia for any business or organization or for any trade or commercial purpose, the coat of arms of the Swiss Confederation, consisting of an upright white cross with equal arms and lines on a red ground, or any simulation thereof, shall be fined under this title or imprisoned not more than six months, or both.
This section shall not make unlawful the use of any such design or insignia which was lawful on August 31, 1948.
(June 25, 1948, ch. 645, 62 Stat. 733; Oct. 31, 1951, ch. 655, §21a, 65 Stat. 719; Pub. L. 103–322, title XXXIII, §330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
Based on section 248 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (June 20, 1936, ch. 635, §§1, 2, 49 Stat. 1557).
Reference to “jurisdiction” of the United States was omitted as unnecessary in view of definition of “United States” in section 5 of this title.
Words of punishment “$250” and “six months” were substituted for “$500” and “one year” respectively, as more consonant with penalties for similar offenses in this chapter. (See sections 701, 704, 705 of this title.)
Punishment provision was also changed to omit reference to “misdemeanor” in view of definitive section 1 of this title.
Words “upon conviction” were omitted as surplusage, because punishment can only be imposed after conviction.
Minor changes were made in phraseology.
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250” in first par.
1951—Act Oct. 31, 1951, added second par.