17 U.S.C. § 1306 — Design notice
submitted 28 years ago by Pub. L. 105-304 to r/title-17-COPYRIGHTS · 241 words · no verdicts yet
Design notice. The section states the duties, permissions, requirements, or penalties described in the section.
(a) Contents of Design Notice. (1) When an owner makes a design public under section 1310(b), the owner must mark the useful article clearly with a notice containing: (A) “Protected Design,” “Prot’d Des.,” a circled “D,” or “D”; (B) the year protection began; and (C) the owner’s name, a recognizable abbreviation, or an accepted alternative name. The owner may use another distinctive identification if the Administrator recorded it before registration. (2) After registration, the registration number may replace the year and owner identification.
(b) Location of Notice. The notice must be placed so that it reasonably informs people of the design protection while the article moves through ordinary commerce.
(c) Subsequent Removal of Notice. If the owner complied with this section, another person’s removal, destruction, or erasure of the notice does not affect the protection.
Whenever any design for which protection is sought under this chapter is made public under section 1310(b), the owner of the design shall, subject to the provisions of section 1307, mark it or have it marked legibly with a design notice consisting of—
the words “Protected Design”, the abbreviation “Prot’d Des.”, or the letter “D” with a circle, or the symbol “*D*”;
the year of the date on which protection for the design commenced; and
the name of the owner, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the owner.
Any distinctive identification of the owner may be used for purposes of subparagraph (C) if it has been recorded by the Administrator before the design marked with such identification is registered.
After registration, the registration number may be used instead of the elements specified in subparagraphs (B) and (C) of paragraph (1).
The design notice shall be so located and applied as to give reasonable notice of design protection while the useful article embodying the design is passing through its normal channels of commerce.
When the owner of a design has complied with the provisions of this section, protection under this chapter shall not be affected by the removal, destruction, or obliteration by others of the design notice on an article.
Source credit: (Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2907.)
- 1998Enacted · Pub. L. 105-304 · 112 Stat. 2907
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-304 on 1998-10-28.
all 0 arguments · sorted by: best
no arguments yet — make the first case