However, lack of notice could be a relevant factor in determining the merits of an innocent infringement defense. In fact, respondents have applied the designs in this case to other means of expression different types of clothing without replicating the uniform. Registration is required before a lawsuit can be filed, and registration creates the possibility of further legal damages. At any time during the lawsuit, the court may order the seizure of any and all copies of the infringing products.
However, even in the case of non-secret materials, there are specific prohibitions against automatic access to work covered by 17 U. Items seized during the course of the lawsuit may, if the plaintiff wins, be destroyed as part of the final decree.
