does not include any such craft that exceeds 200
feet in length.
‘‘(4) A ‘hull’ is the frame or body of a vessel,
including the deck of a vessel, exclusive of masts,
sails, yards, and rigging.
‘‘(5) A ‘plug’ means a device or model used to
make a mold for the purpose of exact duplication,
regardless of whether the device or model has an in-
trinsic utilitarian function that is not only to portray
the appearance of the product or to convey informa-
tion.
‘‘(6) A ‘mold’ means a matrix or form in which
a substance for material is used, regardless of
whether the matrix or form has an intrinsic utilitar-
ian function that is not only to portray the appear-
ance of the product or to convey information.
‘‘§ 1202. Designs not subject to protection
‘‘Protection under this chapter shall not be available
for a design that is—
‘‘(1) not original;
‘‘(2) staple or commonplace, such as a standard
geometric figure, a familiar symbol, an emblem, or
a motif, or another shape, pattern, or configuration
which has become standard, common, prevalent, or
ordinary;
‘‘(3) different from a design excluded by para-
graph (2) only in insignificant details or in elements
which are variants commonly used in the relevant
trades;
‘‘(4) dictated solely by a utilitarian function of
the article that embodies it; or
‘‘(5) embodied in a useful article that was made
public by the designer or owner in the United States
or a foreign country more than 1 year before the
date of the application for registration under this
chapter.
‘‘§ 1203. Revisions, adaptations, and rearrangements
‘‘Protection for a design under this chapter shall be
available notwithstanding the employment in the design
of subject matter excluded from protection under section
1202 if the design is a substantial revision, adaptation,
or rearrangement of such subject matter. Such protection
shall be independent of any subsisting protection in sub-
ject matter employed in the design, and shall not be con-
strued as securing any right to subject matter excluded
from protection under this chapter or as extending any
subsisting protection under this chapter.
‘‘§ 1204. Commencement of protection
‘‘The protection provided for a design under this
chapter shall commence upon the earlier of the date of
publication of the registration under section 1213(a) or
the date the design is first made public as defined by sec-
tion 1210(b).
‘‘§ 1205. Term of protection
‘‘(a) IN GENERAL.—Subject to subsection (b), the
protection provided under this chapter for a design shall
continue for a term of 10 years beginning on the date of
the commencement of protection under section 1204.
‘‘(b) EXPIRATION.—All terms of protection provided
in this section shall run to the end of the calendar year
in which they would otherwise expire.
‘‘(c) TERMINATION OF RIGHTS.—Upon expiration or
termination of protection in a particular design under this
chapter, all rights under this chapter in the design shall
terminate, regardless of the number of different articles
in which the design may have been used during the term
of its protection.
‘‘§ 1206. Design notice
‘‘(a) CONTENTS OF DESIGN NOTICE.—(1) Whenever
any design for which protection is sought under this chap-
ter is made public under section 1210(b), the owner of
the design shall, subject to the provisions of section 1207,
mark it or have it marked legibly with a design notice con-
sisting of—
‘‘(A) the words ‘Protected Design’, the abbre-
viation ‘Prot’d Des.’, or the letter ‘D’ with a circle,
or the symbol *D*;
‘‘(B) the year of the date on which protection
for the design commenced; and
‘‘(C) the name of the owner, an abbreviation by
which the name can be recognized, or a generally ac-
cepted 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.
‘‘(2) After registration, the registration number may
be used instead of the elements specified in subparagraphs
(B) and (C) of paragraph (1).
‘‘(b) LOCATION OF NOTICE.—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 com-
merce.
‘‘(c) SUBSEQUENT REMOVAL OF NOTICE.—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.
‘‘§ 1207. Effect of omission of notice
‘‘(a) ACTIONS WITH NOTICE.—Except as provided in
subsection (b), the omission of the notice prescribed in sec-
tion 1206 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 1206 shall prevent any re-
covery under section 1223 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 reim-
burses that person for any reasonable expenditure or con-
tractual 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 protec-
tion shall be on the owner of the design.
‘‘§ 1208. 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.
‘‘§ 1209. Infringement
‘‘(a) ACTS OF INFRINGEMENT.—Except as provided
in subjection (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 pro-
tection, 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 sell-
er 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 per-
son—
‘‘(1) induced or acted in collusion with a manu-
facturer to make, or an importer to import such ar-
ticle, except that merely purchasing or giving an