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.
Section 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.
Section 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.
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