417.056. Prohibited acts--civil action for damages, when. - Missouri Statutes

Prohibited acts--civil action for damages, when.

417.056. Subject to the provisions of section 417.066, anyperson who shall:

(1) Use, without the consent of the registrant, anyreproduction, counterfeit, copy, or colorable imitation of a markregistered under sections 417.005 to 417.066 in connection withthe sale, offering for sale, or advertising of any goods orservices on or in connection with which such use is likely tocause confusion or mistake or to deceive as to the source oforigin of such goods or services; or

(2) Reproduce, counterfeit, copy or colorably imitate anysuch mark and apply such reproduction, counterfeit, copy orcolorable imitation to labels, signs, prints, packages, wrappers,receptacles, or advertisements intended to be used upon or inconjunction with the sale or other distribution in this state ofsuch goods or services;shall be liable to a civil action by the owner of such registeredmark for any or all of the remedies provided in section 417.061,except that under subdivision (2) hereof the registrant shall notbe entitled to recover profits or damages unless the acts havebeen committed with knowledge that such mark is intended to beused to cause confusion or mistake or to deceive.

(L. 1973 H.B. 281 § 11)