548.112  Infringement.

Subject to section 548.116, a person shall not do any of the following:

1.  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.

2.  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.

The person shall be liable in a civil action by the registrant for any or all of the remedies provided in section 548.114, except that under subsection 2, 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.

Section History: Early form

  [C97, § 5051; C24, 27, 31, 35, 39, § 9874; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 548.10]

Section History: Recent form

  94 Acts, ch 1090, §12

  C95, § 548.112

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