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,
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