As Amended
SEC. 75-25-21. Infringement.
[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] Subject to the provisions of section 75-25-25 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, offering for sale, or advertising of any goods 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
(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 to a civil action by the owner of such registered mark for any or all of the remedies provided in section 75-25-23 hereof, except that under subsection (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
[From and after January 1, 1997, this section will be entitled: "Fraudulent filing or registration; liability.", and will read as follows:] Any person who shall for himself or herself, or on behalf of any other persons, procure the filing or registration of any mark in the office of the secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
SOURCES: Codes, 1942, Sec. 4227-11; Laws, 1952, ch. 338, Sec. 11; 1971, ch. 437, Sec. 11, eff from and after July 1, 1971. Laws, 1996, ch. 402, Sec. 11, eff from and after January 1, 1997