Allapattah Servs., Inc., 545 U.S. Penguin Books Usa, Inc., 109 F.3d 1394 (9th Cir. In other words, the actual awareness provision turns on whether the supplier in fact or subjectively knew of particular infringement, even though the red flag provision turns on irrespective of whether the supplier was subjectively knowledgeable of info that would have produced the distinct infringement objectively obvious to a reasonable particular person.