§482-31  Infringement.  Subject to
section 482-53, any person who:



(1)  Uses, without the consent of the registrant, any
reproduction, counterfeit, copy, or colorable imitation of a mark registered
under this part in connection with the sale, distribution, offering for sale,
or advertising of any goods or services on or in 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



(2)  Reproduces,
counterfeits, copies, or colorably imitates a mark registered under this part
and applies such reproduction, counterfeit, copy, or colorable imitation to
labels, signs, prints, packages, wrappers, receptacles, or advertisements
intended to be used on 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 damages and remedies provided in section 482-33;
provided that under paragraph (2) the registrant shall not be entitled to
recover profits or damages unless the acts have been committed with the intent
to cause confusion, mistake, or to deceive. [L 2001, c 15, pt of §1; am L 2008,
c 108, §13]



 



Cross References



 



  Trademark counterfeiting, see §708-875.