ection 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.

(b) Actions without Notice. 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.

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.

(b) Acts of Sellers and Distributors. A seller or distributor of an
infringing article who did not make or import the article shall be
deemed to have infringed on a design protected under this chapter only
if that person-

(1) induced or acted in collusion with a manufacturer to make, or an
importer to import such article, except that merely purchasing or giving
an order to purchase such article in the ordinary course of business
shall not of itself constitute such inducement or collusion; or

(2) refused or failed, upon the request of the owner of the design, to
make a prompt and full disclosure of that person'