75-25-23 - Liability for infringement; limitations.
§ 75-25-23. Liability for infringement; limitations.
Subject to the provisions of Section 75-25-31 hereof, any person who shall:
(a) Use, 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, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(b) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services; shall be liable in a civil action by the registrant for any and all of the remedies provided in Section 75-25-27 hereof, except that under paragraph (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
Sources: Codes, 1942, § 4227-12; Laws, 1952, ch. 338, § 12; Laws, 1971, ch. 437, § 12; Laws, 1996, ch. 402, § 12, eff from and after January 1, 1997.