Page:United States Statutes at Large Volume 112 Part 5.djvu/150

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112 STAT. 2908 PUBLIC LAW 105-304—OCT. 28, 1998 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. "§ 1308. Exclusive rights "The owner of a design protected under this chapter has the exclusive right to— "(1) make, have made, or import, for sale or for use in trade, any useful article embodying that design; and "(2) sell or distribute for sale or for use in trade any useful article embodying that design. "§ 1309. Infringement "(a) ACTS OF INFRINGEMENT. —Except as provided in subsection (b), it shall be infringement of the exclusive rights in a design protected under this chapter for any person, without the consent of the owner of the design, within the United States and during the term of such protection, to— "(1) make, have made, or import, for sale or for use in trade, any infringing article as defined in subsection (e); or "(2) sell or distribute for sale or for use in trade any such infringing article. "(b) ACTS OF SELLERS AND DISTRIBUTORS.— ^A seller or distributor of an infringing article who did not make or import the article shall be deemed to have infringed on a design protected under this chapter only if that person— "(1) induced or acted in collusion with a manufacturer to make, or an importer to import such article, except that merely purchasing or giving an order to purchase such article in the ordinary course of business shall not of itself constitute such inducement or collusion; or "(2) refused or failed, upon the request of the owner of the design, to make a prompt and full disclosure of that person's source of such article, and that person orders or reorders such article after receiving notice by registered or certified mail of the protection subsisting in the design. "(c) ACTS WITHOUT KNOWLEDGE. —It shall not be infringement under this section to make, have made, import, sell, or distribute, any article embodying a design which was created without knowledge that a design was protected under this chapter and was copied from such protected design. "(d) ACTS IN ORDINARY COURSE OF BUSINESS. — A person who incorporates into that person's product of manufacture an infringing article acquired from others in the ordinary course of business,