§1307 Effect of Omission of Notice

Summary

If a design owner failed to put the notice required by section 1306 on their work, that failure still does not remove protection or stop the owner from suing someone who begins an undertaking that leads to infringement after getting written notice of the design. If the person began that undertaking before getting written notice, the owner cannot recover under section 1323. A court won’t order an injunction unless the owner pays reasonable expenses or contractual costs the person incurred before notice, and the owner must give the written notice.