by the United States government

“ 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. ”

“ Such regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions:
(1) Obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding, importation of the articles. (2) Furnish proof that the design involved is protected under this chapter and that the importation of the articles would infringe the rights in the design under this chapter. ”