§1307 Effect of Omission of Notice

Summary

If the notice required by section 1306 was left out, the owner still keeps the design protection. Leaving the notice off does not stop the owner from suing someone who only starts work that leads to infringement after that person receives written notice of the design protection. If a person began such work before getting written notice, the owner cannot get recovery under section 1323 against that person. A court cannot order an injunction for that work unless the owner pays back any reasonable spending or contractual costs the person made before getting written notice, as the court decides. The owner must provide the written notice.