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U.S. Code as of:
01/19/04
Section 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.
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