§ 80-11. Infringement. - North Carolina Statutes

§80‑11.  Infringement.

Subject to the provisions ofG.S. 80‑13, any person who shall

(1)        Use in this Statewithout the consent of the registrant, any reproduction, counterfeit, copy, orcolorable imitation of a  mark registered under this Article in connection withthe sale, offering for sale, or advertising of any goods or services on or inconnection with which such use is likely to cause confusion or mistake or todeceive as to the source of origin of such goods or services; or

(2)        Reproduce,counterfeit, copy or colorably imitate any such mark and apply suchreproduction, counterfeit, copy or colorable imitation to labels, signs,prints, packages, wrappers, receptacles, or advertisements intended to be usedupon or in conjunction with the sale or other distribution in this State ofsuch goods or services;

shall be liable to a civil actionby the owner of such registered mark for any or all of the remedies provided inG.S. 80‑12, except that under subdivision (2) hereof the registrant shallnot be entitled to recover profits or damages or any penalty unless the actshave been committed with knowledge that such mark is intended to be used tocause confusion or mistake or to deceive. (1903, c. 271, s. 6; Rev., s.3019; C.S., s. 3978; 1967, c. 1007, s. 1.)