59.1-92.12 - Infringement. - Virginia Statutes

§ 59.1-92.12. Infringement.

Subject to the provisions of § 59.1-92.15, any person who:

1. Uses in a manner likely to cause a consumer confusion, mistake, ordeception as to the source or origin of any goods or services, without theconsent of the registrant, any reproduction, counterfeit, copy, or colorableimitation of a registered mark in connection with the sale, offering forsale, distribution, or advertising of such goods or services; or

2. Reproduces, counterfeits, copies or colorably imitates a registered markand applies such reproduction, counterfeit, copy or colorable imitation tolabels, signs, prints, packages, wrappers, receptacles, advertisements, orany item intended to be used in a manner likely to cause a consumerconfusion, mistake, or deception as to the source or origin of any goods orservices in connection with the sale, offering for sale, distribution, oradvertising of such goods or services, shall be liable in a civil action bythe registrant for any and all of the remedies provided in § 59.1-92.13,except that under this subdivision the registrant shall not be entitled torecover profits, damages, or attorneys' fees unless the acts have beencommitted with knowledge that such mark is intended to be used to causeconfusion or mistake or to deceive.

(1998, c. 819; 2008, cc. 759, 800.)