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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