17 USC 1307 - Effect of Omission of Notice
(a) Actions With Notice.—Except as provided in subsection (b), the omission of the notice prescribed in section 1306 shall not cause loss of the protection under this chapter or prevent recovery for infringement under this chapter against any person who, after receiving written notice of the design protection, begins an undertaking leading to infringement under this chapter.
(b) Actions Without Notice.—The omission of the notice prescribed in section 1306 shall prevent any recovery under section 1323 against a person who began an undertaking leading to infringement under this chapter before receiving written notice of the design protection. No injunction shall be issued under this chapter with respect to such undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with such undertaking that was incurred before receiving written notice of the design protection, as the court in its discretion directs. The burden of providing written notice of design protection shall be on the owner of the design.
(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2907.)
Sections: 1205 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314
Last modified: October 26, 2015