A person who incorporates into
that person's product of manufacture an infringing article acquired from
others in the ordinary course of business, or who, without knowledge of
the protected design embodied in an infringing article, makes or
processes the infringing article for the account of another person in
the ordinary course of business, shall not be deemed to have infringed
the rights in that design under this chapter except under a condition
contained in paragraph (1) or (2) of subsection (b). Accepting an order
or reorder from the source of the infringing article shall be deemed
ordering or reordering within the meaning of subsection (b)(2).
(e) Infringing Article Defined. As used in this section, an "infringing
article" is any article the design of which has been copied from a
design protected under this chapter, without the consent of the owner of
the protected design. An infringing article is not an illustration or
picture of a protected design in an advertisement, book, periodical,
newspaper, photograph, broadcast, motion picture, or similar medium. A
design shall not be deemed to have been copied from a protected design
if it is original and not substantially similar in appearance to a
protected design.
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