In proceedings for the infringement of the right in a registered design1 damages may not be awarded against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable ground for supposing, that the design was registered2.
For these purposes, a person is not deemed to have been aware or to have had reasonable grounds for supposing that the design was registered by reason only of the marking of a product3 with: (1) the word registered or any abbreviation thereof; or (2) any word or words expressing or implying that the design
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