As Amended
SEC. 75-25-23. Remedies.
[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendant to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale, and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
[From and after January 1, 1997, this section will be entitled: "Liability for infringement; limitations.", and will read as follows:] Subject to the provisions of Section 75-25-31 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 Senate Bill No. 2861, 1996 Regular Session, 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; 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 in a civil action by the registrant for any and all of the remedies provided in Section 75-25-27 hereof, except that under paragraph (b) hereof 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.
SOURCES: Codes, 1942, Sec. 4227-12; Laws, 1952, ch. 338, Sec. 12; 1971, ch. 437, Sec. 12, eff from and after July 1, 1971. Laws, 1996, ch. 402, Sec. 12, eff from and after January 1, 1997