17 U.S.C. § 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 must 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 must 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 must be issued under this chapter about that undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with that 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 must be on the owner of the design.