Designs

17 U.S.C. §1301

Design Protected

(a) Designs Protected.—

(1) In general.— The designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter.

(2) Vessel features.— The design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302 (4).

(3) Exceptions.— Department of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of section 2320 of title 10 or by the instrument under which the design was developed for the United States Government.

The design of a vessel hull, deck . or combination of a hull and deck is subjected to the protection of copyrights damages provisions.

The Department of Defense are not subjected to the general copyrights standard when the design was developed for the United States Government.

17 U.S.C. §1323

Recovery for Infringement

(a) Damages.— Upon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for the infringement. In addition, the court may increase the damages to such amount, not exceeding $50,000 or $1 per copy, whichever is greater, as the court determines to be just. The damages awarded shall constitute compensation and not a penalty. The court may receive expert testimony as an aid to the determination of damages.

(b) Infringer’s Profits.— As an alternative to the remedies provided in subsection (a), the court may award the claimant the infringer’s profits resulting from the sale of the copies if the court finds that the infringer’s sales are reasonably related to the use of the claimant’s design. In such a case, the claimant shall be required to prove only the amount of the infringer’s sales and the infringer shall be required to prove its expenses against such sales.

(c) Statute of Limitations.— No recovery under subsection (a) or (b) shall be had for any infringement committed more than 3 years before the date on which the complaint is filed.

(d) Attorney’s Fees.— In an action for infringement under this chapter, the court may award reasonable attorney’s fees to the prevailing party.

Damage shall be awarded to adequately compensate rights owner. A court may increase an award by up to $50,000 or $1 per copy of infringing products, whichever is greater. Such an increase is not a penalty but part of the compensation.

Instead of adequate compensation, a court may instead award the plaintiff the infringer’s profit resulting from sales of infringing product. The claimant shall be required to prove only the amount of the infringer’s sales and the infringer shall be required to prove its expenses against such sales.

There is a 3 years statute of limitation to bring an action under this Chapter.

Attorney’s fees may be awarded based on a court’s discretion.