§1306. Design notice — Inbound Citations

Citations to 17 U.S.C. § 1306 as a whole

• 17 U.S.C. § 1307(a)

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  (a) 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.
• 17 U.S.C. § 1307(b)

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  (b) 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.
• 17 U.S.C. § 1310(e)

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  (e) The application for registration shall be accompanied by a statement under oath by the applicant or the applicant’s duly authorized agent or representative, setting forth, to the best of the applicant’s knowledge and belief—

  (1) that the design is original and was created by the designer or designers named in the application;

  (2) that the design has not previously been registered on behalf of the applicant or the applicant’s predecessor in title; and

  (3) that the applicant is the person entitled to protection and to registration under this chapter.

  If the design has been made public with the design notice prescribed in section 1306, the statement shall also describe the exact form and position of the design notice.
• 17 U.S.C. § 1326(a)

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  (a) Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a design which is not protected under this chapter, a design notice specified in section 1306, or any other words or symbols importing that the design is protected under this chapter, knowing that the design is not so protected, shall pay a civil fine of not more than $500 for each such offense.