Sec. 35-18h. Illegal use of mark. Remedies.
Sec. 35-18h. Illegal use of mark. Remedies. (a) Subject to the provisions of section 35-18j, any person who (1) uses in Connecticut, without the consent of the registrant,
any reproduction, counterfeit, copy or colorable imitation of a mark registered under
this chapter in connection with the sale, offering for sale, distribution or advertising of
any goods or services on or in connection with which such use is likely to cause confusion
or to cause mistake or to deceive as to the source or origin of such goods or services;
or (2) reproduces, counterfeits, copies or colorably imitates any such mark and applies
such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon
or in connection with the sale, offering for sale, distribution or advertising of goods or
services on or in connection with which such use is likely to cause confusion or to cause
mistake or to deceive the public, shall be liable in a civil action by the registrant for any
or all the remedies provided in subsection (b) of this section, except that under subdivision (2) of this subsection the registrant shall not be entitled to recover profits or damages
unless the acts have been committed with intent to cause confusion or mistake or to
deceive.
(b) Any registrant of a mark registered under this chapter may proceed by suit to
enjoin the wrongful manufacture, use, display or sale of any reproduction, counterfeit
or imitation thereof, and any court of competent jurisdiction may grant injunctions to
restrain such manufacture, use, display or sale as may be deemed just and reasonable,
and may require the defendants to pay to such registrant all profits derived from, or all
damages suffered by reason of, such wrongful manufacture, use, display or sale, or both
such profits and damages; and such court may also order that any such reproduction,
counterfeit or imitation in the possession or under the control of any defendant be delivered to an officer of the court to be destroyed, or to the complainant. The court, in its
discretion, may enter judgment for an amount not to exceed three times such profits and
damages and a reasonable attorney's fee of the prevailing party in such cases where the
court finds the other party committed such wrongful acts with knowledge or in bad faith
or otherwise as according to the circumstances of the case. The enumeration of any right
or remedy herein shall not affect a registrant's right to prosecute under any penal law
of this state.
(c) In all cases where the registrant is an association, union or other organization
which is not incorporated, an action under this section may be commenced and prosecuted by any officer or member of such association, union or other organization, in
behalf of such association, union or other organization.
(1967, P.A. 689, S. 8; P.A. 93-152, S. 19.)
History: P.A. 93-152 amended Subsec. (a) to replace "likely to cause confusion or to cause mistake or to deceive the
public" with "likely to cause confusion or to cause mistake or to deceive as to the source or origin of such goods or services",
replace "owner of such registered mark" with "registrant" and replace "committed with knowledge that such imitation is
intended to be used to cause confusion or mistake or to deceive the public" with "committed with intent to cause confusion
or mistake or to deceive" and amended Subsec. (b) to replace "owner" with "registrant", rephrase provision re granting of
injunctions and add provision authorizing the court to enter judgment for an amount not to exceed three times such profits
and damages and a reasonable attorney's fee when the court makes certain findings.
See Sec. 53-347a (c) re penalties for illegal use of mark.